S.D.Ind.: Forced Covid test didn’t violate 4A

Requiring plaintiff, who said he was positive for Covid-19, be tested before putting him in hospital was reasonable under the Fourth Amendment. It’s less intrusive than swabbing for DNA. Alternatively, qualified immunity applies. Mercado v. Columbus Reg’l Hosp., 2022 U.S. Dist. LEXIS 214267 (S.D. Ind. Nov. 28, 2022).*

The officer tugging on defendant’s sleeve was not a seizure, and defendant then fled. United States v. Scott, 2022 U.S. App. LEXIS 32887 (5th Cir. Nov. 29, 2022).*

“Start with whether the officers had probable cause to believe that Dunbar lived in unit 318. An officer testified that ‘confidential source information’ and ‘investigational measures’ led the task force to 2249 Elm Street. … After seeing a picture of Dunbar, the apartment managers confirmed that he resided in unit 318 and handed over a key to the unit. That created a fair probability Dunbar lived there. [¶] The officers also had probable cause to believe that they would find Dunbar inside. …” United States v. Dunbar, 2022 U.S. App. LEXIS 32858 (6th Cir. Nov. 28, 2022).*

This entry was posted in Emergency / exigency, Probable cause, Qualified immunity, Seizure. Bookmark the permalink.

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