Daily Archives: June 20, 2017

CA8: Def retreating from a threshold arrest creates exigency

Defendant came to the doorway of his camper to be arrested, but he “retreated” and turned to go back inside with the officer still holding on to him. A look for a gun, finding one, was reasonable under Santana. United … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Ineffective assistance | Comments Off

CA9: Hotel room was def’s “premises” and the parole search was reasonable

A hotel room rented by defendant’s girlfriend where they checked in as a couple was defendant’s “premises.” There was probable cause to believe it was defendant’s premises and under his control because his clothes were inside, and the girlfriend said … Continue reading

Posted in Probation / Parole search | Comments Off

SCOTUS: Bivens actions must be extended by Congress, and QI applies

Bivens actions beyond what the Supreme Court has already found must be found by Congress and not the courts. Qualified immunity applies as in 1983 actions: “The qualified-immunity inquiry turns on the ‘objective legal reasonableness’ of the official’s acts, Harlow … Continue reading

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

E.D.Mich.: Possible violation of state law doesn’t mean exclusion in federal court

The CI’s identity was not kept secret, and there was probable cause for the search warrant. The affidavit was not bare bones. The possible violation of state law isn’t shown to be of constitutional magnitude for exclusion of evidence in … Continue reading

Posted in Body searches, Reasonableness | Comments Off

CA7: No qualified immunity for seizure of pft’s vehicles from his yard by code enforcement officers

The seizure of plaintiff’s vehicles off his property without an opportunity to defend against it was an unreasonable seizure. Defendants don’t get qualified immunity. There was no action in court for plaintiff to resort to, so Rooker-Feldman doesn’t apply. Hamilton … Continue reading

Posted in Administrative search, Qualified immunity | Comments Off

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Posted in Uncategorized | Comments Off