WV: State failed to show factual basis for community caretaking function stop

“In other words, there is simply no evidence from the suppression hearing that would lead us to conclude that ‘citizens [might have been] in peril’ or that the petitioner himself might have been ‘in need of some form of assistance’ so as to justify the traffic stop under the community caretaker doctrine. Ullom, 227 W.Va. at 10, 705 S.E.2d at 120. Consequently, we are compelled to find that the suspicionless traffic stop of the petitioner’s vehicle was invalid and that all evidence flowing from the stop should have been suppressed and the charges dismissed.” State v. Feicht, 2016 W. Va. LEXIS 112 (Feb. 25, 2016).

“Because Detective Butt had arguable probable cause to arrest Jones for both the Apartment Complex Incident and the Bus Stop Incident, he is entitled to the defense of qualified immunity. When the qualified immunity defense applies to a malicious prosecution claim, we must affirm the district court’s grant of summary judgment.” Jones v. Butt, 2016 U.S. App. LEXIS 3347 (11th Cir. Feb. 25, 2016).*