CA11: SW was not bare bones and a reasonable officer could rely on it; therefore, qualified immunity

A search warrant issued for plaintiffs’ place based on a “13 year” drug investigation that led to trace evidence of drug usage in the basement. The charges filed were ultimately dismissed. The officers were qualifiedly immune because of the issuance of the search warrant that wasn’t just bare bones. Cabbil v. McKenzie, 2014 U.S. App. LEXIS 22807 (11th Cir. December 4, 2014).

The officer had reason to stop defendant when he passed the police car. When he was stopped, he became noticeably nervous and told the officer not to get close to the car. A drug dog was then used that alerted, and that was probable cause for a search. People v. Bryson, 2014 V.I. LEXIS 102 (Super. Ct. November 26, 2014).*

There was probable cause for issuance of a BAC search warrant for defendant’s blood. He was seen drunk at home by the officer and then on the street driving. The facts the issuing JP was not a lawyer wasn’t a viable issue because it was a rural county with no lawyers, and, therefore, valid under Texas law. Barrios v. State, 2014 Tex. App. LEXIS 12901 (Tex. App. – Amarillo December 2, 2014).*

This entry was posted in § 1983 / Bivens, Automobile exception, Drug or alcohol testing, Probable cause, Qualified immunity. Bookmark the permalink.

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