D.Neb.: Consent didn’t extend to removing pickup’s bedliner, but officer had PC by then

The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was removed, the officer had probable cause for a vehicle search, so consent didn’t matter. United States v. Cervantes, 2017 U.S. Dist. LEXIS 186431 (D.Neb. Oct. 25, 2017).

Plaintiff’s § 1983 case against the City of Arlington for compensatory and punitive damages fails because no individual officers were sued (Monell) and cities can’t be sued for punitives (Newport). Skyy v. City of Arlington, 2017 U.S. App. LEXIS 22602 (5th Cir. Nov. 9, 2017).*

This entry was posted in § 1983 / Bivens, Automobile exception, Consent. Bookmark the permalink.

Comments are closed.