CA11: Pretext for a criminal search can be an issue in administrative searches

Pretext for a criminal search can be an issue in administrative searches. “Accordingly, the district court erred in failing to recognize the existence of a genuine issue of material fact as to whether the February 2015 administrative search was focused on ferreting out criminal wrongdoing or simply inspecting Fryer’s towing business for statutory compliance.” Landau v. City of Daytona Beach, 2023 U.S. App. LEXIS 26964 (11th Cir. Oct. 11, 2023).

“But in fast-paced, high-intensity situations like this one, the ‘was she still resisting?’ question is not the whole ballgame. Our Fourth Amendment inquiry focuses on what was ‘knowable’ to a reasonable officer. White v. Pauly, 580 U.S. 73, 77, 137 S. Ct. 548, 196 L. Ed. 2d 463 (2017). Another dispositive question is whether, at the time Officer Patrick fired his taser, every reasonable officer would have perceived Perez as no longer actively resisting arrest. Then—and only then—should qualified immunity be denied. [¶] But answering that question requires resolving factual disputes. And because we can’t resolve those disputes on appeal, we dismiss this appeal for lack of jurisdiction and remand.” Perez v. Simpson, 2023 U.S. App. LEXIS 26940 (6th Cir. Oct. 11, 2023).*

Defendant got to litigate his Fourth Amendment claim pretrial and he can’t raise it on post-conviction. United States v. Washington, 2023 U.S. Dist. LEXIS 182456 (D. Nev. Oct. 11, 2023).*