DHHR obtained information about the parents from an alleged illegal stop. The exclusionary rule doesn’t apply in civil cases. In re N.R., 2019 W. Va. LEXIS 524 (Nov. 7, 2019).
A game warden approached plaintiff sitting in his truck in a public park. Plaintiff slowly drove off from the officer to another place, gesturing before he moved he didn’t want to talk to the officer. The officer followed him to another parking spot and parked behind him. He got plaintiff out and handcuffed him, reached in his pants for his wallet, and ran the information, which produced nothing. Plaintiff claimed injury from the handcuffing because of stitches pulled out by the handcuffing. The officer’s alleged justification for the stop was that the bag in the back of plaintiff’s truck appeared suitable for illegal palmetto berry harvesting in that area. When he got close to the truck, as shown by the bodycam video, it was a sleeping bag. The stop was unreasonable, and it was clearly established to be so, and there was no justification for extending it, either. Qualified immunity is denied. Young v. Brady, 2019 U.S. App. LEXIS 33336 (11th Cir. Nov. 7, 2019).*