CA5: Detention on a “mental writ” was reasonable

“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued by a judicial officer for plaintiff as a danger to himself or others, and his detention on the writ was reasonable. There was, however, a disputed fact as to whether the officers used excessive force on him. Holloway v. Purvis, 2017 U.S. App. LEXIS 3130 (5th Cir. Feb. 22, 2017).

“Barmore’s attempt to conceal the drug pipe would have allowed a reasonably prudent man to believe that there were other items of contraband related to illegal drug activity in the truck. Viewing the evidence in the light most favorable to the Government and considering the totality of the circumstances, we conclude that there was probable cause to conduct a warrantless search of the vehicle.” Therefore, inventory is irrelevant. United States v. Barmore, 2017 U.S. App. LEXIS 2891 (5th Cir. Feb. 20, 2017).*

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