The officer\u2019s reasonable mistake of fact defendant\u2019s license was invalid doesn\u2019t void the stop. \u201cIn sum, Detective Maniskas was sufficiently diligent in his investigation of Qualls’ licenses. The fact that Qualls’ license was actually valid has no impact on Maniskas’ reasonable suspicion that he was driving without a valid license. The initial stop of the van was therefore legitimate, and so the Court turns to an examination of its scope.\u201d The officer smelled marijuana during the stop, and that led to a valid search. United States v. Davis, 2020 U.S. Dist. LEXIS 9804 (S.D. W.Va. Jan. 21, 2020).<\/p>\n
Plaintiffs were involved in a street fight on Austin\u2019s Sixth Street, and they got pepper sprayed along with a bunch of others. They claim that the officers used excessive force by not helping to decontaminate them. Aside from there being no clearly established law, their claims are belied by an officer\u2019s bodycam. Hoke v. Anderson, 2020 U.S. App. LEXIS 1899 (5th Cir. Jan. 21, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The officer\u2019s reasonable mistake of fact defendant\u2019s license was invalid doesn\u2019t void the stop. \u201cIn sum, Detective Maniskas was sufficiently diligent in his investigation of Qualls’ licenses. The fact that Qualls’ license was actually valid has no impact on Maniskas’ … Continue reading