{"id":29045,"date":"2017-08-29T19:57:08","date_gmt":"2017-08-30T00:57:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29045"},"modified":"2017-09-17T13:41:46","modified_gmt":"2017-09-17T18:41:46","slug":"ca8-no-qi-immunity-for-arrest-for-obstruction-of-man-video-recording-arrest-of-wife-from-his-doorway","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=29045","title":{"rendered":"CA8: No QI immunity for arrest for obstruction of man video recording arrest of wife from his doorway"},"content":{"rendered":"<p>Plaintiff awoke to hear a commotion in his front yard, and he saw officers with guns drawn on his handicapped wife. He stood in his doorway and questioned what they were doing and why, and he video recorded them. They ordered him inside, and, when he refused, he was arrested for obstruction. Their claim he was armed and could ambush them was without probable cause to believe any offense occurred, and they are denied qualified immunity for the arrest. They are also denied qualified immunity for the First Amendment claim of recording the police doing their jobs and that part of the arrest as well. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/17\/08\/162222P.pdf\">Hoyland v. McMenomy<\/a>, 2017 U.S. App. LEXIS 16366 (8th Cir. Aug. 28, 2017) (2-1 with Colloton dissenting, which is no surprise).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff awoke to hear a commotion in his front yard, and he saw officers with guns drawn on his handicapped wife. He stood in his doorway and questioned what they were doing and why, and he video recorded them. They &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=29045\">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":[1],"tags":[],"class_list":["post-29045","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29045","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=29045"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29045\/revisions"}],"predecessor-version":[{"id":29046,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29045\/revisions\/29046"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29045"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29045"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29045"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}