An anonymous tip as to public details did not support finding of probable cause that the defendant was paying young girls for sex. Nothing corroborated the crime; not even a showing of affection in public with a young female with whom he was seen. Nevertheless, the officer was acting in good faith and qualified immunity protects him from suit. Mason v. City of Indianapolis, 2007 U.S. Dist. LEXIS 67349 (S.D. Ind. September 11, 2007)*:<\/p>\n
While this court has determined that probable cause was lacking to issue the search warrant, there is nothing in this case to indicate that the officers did not act in good faith in their investigation of Mason or in preparing the probable cause affidavit.<\/p><\/blockquote>\n
Comment:<\/em> This inquiry is missing the last step. Sure it was in good faith. The question is whether it was “arguable probable cause” and the court fails to ever address it. One could conclude that it was wholly lacking in probable cause, notwithstanding good faith. Officers often are acting in good faith, but completely wrong. Their “good faith” is really just overzealousness, and that was about all there was here. Whether this will withstand appeal is another matter because the appellate court might make the determination itself that the officer had arguable probable cause. At any rate, this case needs to be appealed.<\/p>\n
Officers who were called to a doctor’s office when he was on vacation and saw blasting caps, ammunition, and similar paraphernalia, all from a private search, got a warrant for the doctor’s home. While the blasting caps were not explosive devices under Texas law and a search warrant should not have issued, the officer’s actions were objectively reasonable in reliance on it. Therefore, the district court erred in not granting them qualified immunity. Zarnow v. City of Wichita Falls<\/a>, 500 F.3d 401 (5th Cir. 2007).*<\/p>\n
Consent search led to seeing corner of package of drugs sticking out of glove box. A dog was brought in and then alerted, and the search of the glove box was justified by practically everything that happened. United States v. Oates, 514 F. Supp. 2d 1131 (D. Conn. 2007).*<\/p>\n
Plaintiff’s action against his probation officers for excessive force and unlawful search and seizure failed because they had reasonable suspicion for their actions, including pulling a gun on plaintiff because they thought he was armed and he reached for his back pocket. Taking the claims most favorably to the plaintiff, he could not prevail. Smith v. Dauphin County Adult Prob. Dep’t, 2007 U.S. Dist. LEXIS 67400 (M.D. Pa. September 12, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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