CA8: Acquitted plaintiff loses § 1983 case over search because of qualified immunity

In this § 1983 case, plaintiff called 911 because of a gas leak. He had an extensive gun collection, and the first responders noticed a couple of guns in the gun cases had barrels shorter that the law allows. A search warrant was obtained for the guns. After plaintiff was arrested, tried, and acquitted, he sued them. They were entitled to qualified immunity. He invited them into the house, and the incriminating nature of the guns was immediately apparent. Therefore, they could apply for the search warrant. Fagnan v. City of Lino Lakes, 745 F.3d 318 (8th Cir. 2014).*

The bits and pieces of information that the police knew individually might not have shown probable cause, but collectively they did. Defendant lacked standing to challenge the search of a neighbor’s second floor apartment which led to a search warrant for defendant’s third floor apartment. Bradley v. State, 2014 Ind. App. LEXIS 95 (March 10, 2014).*