Category Archives: Qualified immunity

CA9 en banc: It’s settled that shooting again a man with a knife who’s already down is excessive

On qualified immunity, it’s been settled for a decade that shooting and killing a man with a knife when he’s already down for the first four shots would be excessive force under Zion v. County of Orange, 874 F.3d 1072 … Continue reading

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LA5: Off-duty officer feeling a bag was a search, but bag was abandoned

Defendant left a bag on the counter of a gym and went outside and acted suspicious. An off-duty officer was a customer. He felt the bag, feeling a gun. Then police were called. This qualified as a government search, but … Continue reading

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E.D.La.: Def still a danger to community after grant of motion to suppress; reopening detention hearing denied

After defendant’s motion to suppress was granted, he moved to reopen his detention hearing. It’s denied. The government superseded the indictment, and he’s still found to be a danger to the community. “The Court may thus properly consider suppressed evidence … Continue reading

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CA11: Punching subdued arrestee showed excessive force

Punching an arrestee in the head after he was subdued overcame qualified immunity. Jones v. Ceinski, 2025 U.S. App. LEXIS 11181 (11th Cir. May 8, 2025).* “In this case, undisputed facts support the conclusion that the officers used reasonable force … Continue reading

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CA3: Plain feel of apparent drugs supported seizure from def’s pocket

Defendant doesn’t challenge the stop or the frisk, just the seizure of the baggie of drugs that the officer felt in his “watch pocket.” The officer could tell what it was by its feel. Affirmed. United States v. Williams, 2025 … Continue reading

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E.D.Cal.: Squatters have no REP

Squatters have no reasonable expectation of privacy in the property they’ve appropriated. Lewis v. Blakeslee, 2025 U.S. Dist. LEXIS 75568 (E.D. Cal. Apr. 21, 2025). In a written order denying an arrest warrant of a male victim of an alleged … Continue reading

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CA5: Just because Bivens might become a dead letter doesn’t mean that the officers didn’t violate the 4A

Just because Bivens might become a dead letter doesn’t mean that the officers didn’t violate the Fourth Amendment. Villarreal v. City of Laredo, 2025 U.S. App. LEXIS 8241 (5th Cir. Apr. 8, 2025). My words, not the court’s but that’s … Continue reading

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S.D.N.Y.: Just because a cell phone was found in def’s car doesn’t mean he has standing to challenge its search

Defendant didn’t show standing to challenge the search of a cell phone found in his car that wasn’t his. United States v. Pulliam, 2025 U.S. Dist. LEXIS 64356 (S.D.N.Y. Mar. 31, 2025). A search warrant for a Jan. 6th defendant … Continue reading

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CA8: Two specific 911 calls satisfied Navarette

Two 911 calls about erratic driving involving a black Volvo led to defendant’s stop, and that was sufficient for Navarette. While checking defendant’s license, the officer asked about his travel plans, and he said he came from California to help … Continue reading

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D.Conn.: Federal court won’t order return of phone still subject to state court case

In a motion for return of property, a state search warrant was issued for defendant’s phone and the warrant authorized a federal forensic examination of the phone. The need for the phone is over in federal court, but not state … Continue reading

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D.Alaska: Motions in limine aren’t motions to suppress

Defendant filed a motion in limine in lieu of a motion to suppress which was otherwise out of time. A motion in limine isn’t a substitute for a motion to suppress. Nevertheless, the court goes to the merits of the … Continue reading

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D.Kan.: § 1983 complaint questions state conviction and is barred by Heck

Plaintiff’s 242 paragraph § 1983 complaint calls into question his criminal conviction, so it’s barred by Heck. Turner v. Kansas Court of Appeals, 2025 U.S. Dist. LEXIS 55052 (D. Kan. Mar. 25, 2025).* “Here, Plaintiff’s Fourth Amendment unlawful imprisonment and … Continue reading

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N.D.Ga.: The immediately apparent prong of plain view requires PC

The immediately apparent prong of plain view requires probable cause for being apparent. United States v. Brown, 2025 U.S. Dist. LEXIS 52652 (N.D. Ga. Jan. 30, 2025), adopted, 2025 U.S. Dist. LEXIS 50975 (N.D. Ga. Mar. 20, 2025). “In this … Continue reading

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CA10: Siccing police dog on sleeping man wasn’t subject to QI

Siccing a police dog on a sleeping man not subject to qualified immunity. Luethje v. Kyle, 2025 U.S. App. LEXIS 6385 (10th Cir. Mar. 19, 2025). The CI’s information on a video showed his basis of knowledge and provided probable … Continue reading

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D.Minn.: SW’s failure to include motel name, address, and room number failed particularity

The search warrant was ostensibly for a particular Motel 6 and room number, but the warrant completely omitted reference to the place to be searched. United States v. Brown, 2025 U.S. Dist. LEXIS 47675 (D. Minn. Mar. 13, 2025). When … Continue reading

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CA7: No QI for 2015 detention of 16 year old without justification

Officers are denied qualified immunity winning at trial for his false detention four days before Christmas nearly a decade ago. The law was clearly established plaintiff couldn’t be detained like this for no apparent reason. Taylor v. Schwarzhuber, 2025 U.S. … Continue reading

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CA6: Mandamus doesn’t lie to force grant of a motion to suppress

Mandamus doesn’t lie to compel a district court to grant a motion to suppress and dismiss an indictment because of an alleged change in the dates of the charge to cover up an illegal search. There’s a possible remedy in … Continue reading

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CA9: Jury verdict that officer violated clearly established rights and precluded qualified immunity

One defendant was not entitled to qualified immunity on the merits because the jury found that he violated plaintiff’s clearly established Fourth Amendment right to be free from excessive force by using deadly force when he posed no immediate threat. … Continue reading

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CA10: The district court properly held that officers climbing over a fence to get to ptf’s front door was a 4A violation, but QI applies, still

Officers came to plaintiff’s property to investigate a marijuana grow. His property was surrounded by a fence, and he didn’t respond to air horns to get his attention, so they climbed over the fence to be able to get to … Continue reading

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W.D.Tex.: Body camera shows stop was unreasonably prolonged

“After considering all evidence in context, including Officer Gonzalez’s testimony, her body camera video, and the rest of the record, the Court concludes that she unlawfully prolonged the traffic stop. Even when considering her experience and all facts from an … Continue reading

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