A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The law on due process in this situation was settled, and the state actor doesn’t get qualified immunity. The private actor doesn’t get qualified immunity as a matter of law either because that’s only for public officials. McDonald v. Keahey, 2019 Ala. Civ. App. LEXIS 113 (Aug. 23, 2019).
Defendant disclaimed ownership of a bag so he abandoned it. Even so, its search was valid as a probation search. United States v. Cuthbert, 2019 U.S. Dist. LEXIS 146567 (D. Ida. Aug. 26, 2019).*