CA6: Officer spent 90 minutes at plaintiff’s house on the curtilage trying to get him to come out for a probation breath test; that violated 4A but officer gets QI

Plaintiff is a probationer who had a police officer show at his house to get a breath sample per his probation conditions. Despite repeated knocking and use of the police car’s PA system, plaintiff didn’t come to the door and the officer hung out for 90 minutes four or five times going around the house knocking on windows and trying to get plaintiff to come up. Finally, plaintiff did and he blew .000. Plaintiff was accused of not complying with the demand for the breath sample. The officer’s conduct of spending 90 minutes on the curtilage violated Jardines and the Fourth Amendment despite plaintiff’s probation status. However, it did not violate clearly established law and the officer gets qualified immunity. Brennan v. Dawson, 2018 U.S. App. LEXIS 28895 (6th Cir. Oct 15, 2018).

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