The consenter’s uncertainty that defendant was alone in the apartment justified a protective sweep, and ultimately she consented and the evidence supports that conclusion. United States v. Phyfier, 2021 U.S. App. LEXIS 133 (11th Cir. Jan. 5, 2021). [Even so, case law uniformly says they don’t have to take her at her word.]
Qualified immunity for a traffic stop without justification is denied because of factual disputes on this record. Plaintiff flipped off the officer, and that was allegedly the real reason for the stop. Garcia v. City of New Hope, 2021 U.S. App. LEXIS 86 (8th Cir. Jan. 5, 2021).* See Techdirt: Eighth Circuit Strips Qualified Immunity From Cop Who Pulled Over A Driver For Flipping Her Off by Tim Cushing.
Qualified immunity was properly granted on the facts that the officers’ use of force was reasonable. Edwards v. City of Muskogee, 2021 U.S. App. LEXIS 124 (10th Cir. Jan. 5, 2021).*