{"id":10752,"date":"2014-04-05T08:27:35","date_gmt":"2014-04-05T14:27:35","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?p=10752"},"modified":"2014-04-13T12:27:59","modified_gmt":"2014-04-13T18:27:59","slug":"nc-stop-and-handcuffing-for-16-minutes-was-entitled-to-qualified-immunity-without-malice-being-shown","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10752","title":{"rendered":"NC: Stop and handcuffing for 16 minutes was entitled to qualified immunity without malice being shown"},"content":{"rendered":"<p>Plaintiff was stopped and handcuffed by the defendant officer under mistaken identity. After 16 minutes, he was released without an apology after his ID was called in. The officer gets immunity for his actions, because there was no showing he acted with malice. <a href=\"http:\/\/appellate.nccourts.org\/opinions\/?c=2&amp;pdf=30479\">Brown v. Town of Chapel Hill<\/a>, 2014 N.C. App. LEXIS 302 (April 1, 2014).<\/p>\n<p>Defendant was hunting and was approached by a wildlife officer who asked for his hunting license. The officer then asked if defendant was a convicted felon. Asking that question didn\u2019t make the stop unreasonable. \u201cAgain, law enforcement officers do not violate the Fourth Amendment simply by putting questions to a person who is willing to listen. We conclude defendant was not \u2018seized\u2019 in the constitutional sense when Officer Starbuck asked him about his criminal history.\u201d <a href=\"http:\/\/appellate.nccourts.org\/opinions\/?c=2&amp;pdf=30992\">State v. Price<\/a>, 2014 N.C. App. LEXIS 317 (April 1, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was stopped and handcuffed by the defendant officer under mistaken identity. After 16 minutes, he was released without an apology after his ID was called in. The officer gets immunity for his actions, because there was no showing he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10752\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10752","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10752"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10752\/revisions"}],"predecessor-version":[{"id":10753,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10752\/revisions\/10753"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10752"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}