OR: Proximity to others probably committing a crime isn’t PC

“[T]he facts supporting [the officer’s] belief that defendant committed a crime were not specific to defendant and related instead to defendant’s proximity to drug use by others.” “Because the totality of the circumstances here fail to demonstrate a probability that defendant was engaged in illegal drug activity, we conclude that probable cause did not exist to arrest defendant.” State v. Madden, 315 Or. App. 787, 2021 Ore. App. LEXIS 1643 (Nov. 24, 2021).

A county engineer’s redirecting overweight trucks at a highway construction job wasn’t a Fourth Amendment seizure. Qualified immunity applies, too. Central Specialties, Inc. v. Large, 2021 U.S. App. LEXIS 34943 (8th Cir. Nov. 24, 2021).

Plaintiff’s suit for Fourth Amendment excessive force and ADA for wrongfully dealing with an autistic resident named the wrong defendants for those claims. Martin v. Noble County Sheriff’s Dep’t, 2021 U.S. App. LEXIS 34946 (7th Cir. Nov. 24, 2021).*

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