{"id":44558,"date":"2020-07-17T08:59:51","date_gmt":"2020-07-17T13:59:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44558"},"modified":"2020-07-17T08:59:51","modified_gmt":"2020-07-17T13:59:51","slug":"ca9-applies-qi-standard-to-egregious-violations-of-4a-for-ice-entries","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44558","title":{"rendered":"CA9 applies QI standard to “egregious violations” of 4A for ICE entries"},"content":{"rendered":"\n

ICE entry onto appellant\u2019s curtilage to arrest him was not an egregious violation of the Fourth Amendment, the court applying qualified immunity language to show it wasn\u2019t. \u201cAt the time of the entry, no binding authority held that an officer’s subjective intent was relevant in evaluating the constitutionality of an entry into the curtilage. See United States v. Perea-Rey, 680 F.3d 1179, 1187 (9th Cir. 2012). The entry was reasonable under then-extant caselaw because it was \u2018consistent with an attempt to initiate consensual contact with the occupants of the home.\u2019 Id. at 1188.\u201d Ixchop-Perez v. Barr<\/a>, 2020 U.S. App. LEXIS 22033 (9th Cir. July 15, 2020).<\/p>\n\n\n\n

Defendant\u2019s 12th offense DWI is affirmed. There were exigent circumstances for dispensing with a search warrant for his blood when he was found at the wheel of his car after an accident and the officer had to work it alone. State v. Richards<\/a>, 2020 Wisc. App. LEXIS 323 (July 16, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

ICE entry onto appellant\u2019s curtilage to arrest him was not an egregious violation of the Fourth Amendment, the court applying qualified immunity language to show it wasn\u2019t. \u201cAt the time of the entry, no binding authority held that an officer’s … Continue reading →<\/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":[55,3,107],"tags":[],"class_list":["post-44558","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-emergency-exigency","category-immigration-arrests"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44558","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=44558"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44558\/revisions"}],"predecessor-version":[{"id":44559,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44558\/revisions\/44559"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44558"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}