{"id":19390,"date":"2015-11-01T01:00:38","date_gmt":"2015-11-01T06:00:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19390"},"modified":"2015-10-31T07:02:17","modified_gmt":"2015-10-31T12:02:17","slug":"ca6-officers-civil-assist-ended-up-in-stating-a-claim-in-the-retaking-of-a-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19390","title":{"rendered":"CA6: Officers&#8217; civil assist ended up in stating a claim in the retaking of a car"},"content":{"rendered":"<p>Officers were on a civil assist in aiding repossession of a car that was involved in a family dispute going back and forth for a couple of years. \u201cViewing the record in the light most favorable to plaintiffs, we agree with the district court that the Officers&#8217; conduct crossed the line from mere presence to active facilitation and assistance,\u201d and that violated the Fourth Amendment for the seizure of the disputed car. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/15a0715n-06.pdf\">Middaugh v. City of Three Rivers<\/a>, 2015 U.S. App. LEXIS 18856 (6th Cir. Oct. 26, 2015).<\/p>\n<p>A jail cell search that resulted in defendant\u2019s losing a letter from his lawyer was not shown to have prejudiced him. He still communicated with the lawyer and there was no showing of prejudice that the contents of the letter ever aided the state. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/46012-2.15..pdf\">State v. Thompson<\/a>, 2015 Wash. App. LEXIS 2608 (Oct. 27, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers were on a civil assist in aiding repossession of a car that was involved in a family dispute going back and forth for a couple of years. \u201cViewing the record in the light most favorable to plaintiffs, we agree &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19390\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,40,69],"tags":[],"class_list":["post-19390","post","type-post","status-publish","format-standard","hentry","category-45","category-qualified-immunity","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19390","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=19390"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19390\/revisions"}],"predecessor-version":[{"id":19391,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19390\/revisions\/19391"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19390"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}