Daily Archives: January 3, 2021

CA3 notes inventory policy not in evidence supporting § 1983 judgment and affirms

In a Fourth Amendment § 1983 case tried to a jury, the claim of an unreasonable inventory search prevailed before the jury. Yet, there was no written policy put into evidence by the parties. Affirmed on this ground. Watley v. … Continue reading

Posted in § 1983 / Bivens, Inventory, Probable cause | Comments Off on CA3 notes inventory policy not in evidence supporting § 1983 judgment and affirms

NC: Trial court erred in not considering Brown factors in considering reasonableness of a checkpoint

“Defendant concedes and we agree that the trial court correctly determined that the checkpoint had a legitimate primary purpose. The trial court found that the purpose of the checkpoint was to check ‘each driver stopped for a valid driver’s license … Continue reading

Posted in Chekpoints | Comments Off on NC: Trial court erred in not considering Brown factors in considering reasonableness of a checkpoint