Category Archives: Qualified immunity

DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

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OH8: Extraterritorial stop by LEO doesn’t violate 4A, and exclusionary rule doesn’t apply to statutory violations

An extraterritorial stop by an officer does not violate the Fourth Amendment. The exclusionary rule doesn’t apply to statutory violations, here especially because of public safety concerns. City of Fairview Park v. Bowman, 2023-Ohio-4210, 2023 Ohio App. LEXIS 4047 (8th … Continue reading

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S.D.Fla.: Scrolling through electronic devices at the border is reasonable in CA11

Merely scrolling through an electronic device at the border is a reasonable border search. United States v. Vrdoljak, 2023 U.S. Dist. LEXIS 208332 (S.D. Fla. Nov. 20, 2023). The officer was incidentally following defendant, and he observed her driving within … Continue reading

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CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

The bodycam video of plaintiff’s altercation with two hospital security guards showed they were entitled to qualified immunity. Scott v. Harris. Bouvier v. City of Covington, 2023 U.S. App. LEXIS 30822 (11th Cir. Nov. 20, 2023).* In excessive force cases, … Continue reading

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CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

A minor error in the address of the place to be searched could be overlooked because only the right place was searched. There is still qualified immunity. Neal El v. Valasek, 2023 U.S. App. LEXIS 30000 (6th Cir. Nov. 9, … Continue reading

Posted in Issue preclusion, Nexus, Particularity, Pretext, Qualified immunity | Comments Off on CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

N.D.Ga.: SW for defendant’s email to show his and others’ state of mind at time of crime was not overbroad

The search warrant for defendant’s email accounts to show where he was when he accessed it, “evidence relating to the planning, execution, furtherance and/or concealment of the crimes under investigation,” and his “and other participants’ state of mind as it … Continue reading

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E.D.N.Y.: Police officer’s drug test while on sick leave for work injury was justified by RS

Plaintiff is a Suffolk County police officer on work-related sick leave. He was ordered to take a drug test while off, and the court finds it a search and done on reasonable suspicion. Volpe v. Ryder, 2023 U.S. Dist. LEXIS … Continue reading

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NY3: Motion to suppress is an adequate remedy at law, not a writ of prohibition

Defendant sought prohibition to prevent his prosecution because of an illegal search. He has an adequate remedy in a motion to suppress. Denied. Matter of Rodriguez v. Hobbs, 2023 NY Slip Op 05433,2023 N.Y. App. Div. LEXIS 5399 (3d Dept. … Continue reading

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CA6: State issuing magistrate’s failure to transcribe supplemental information for PC was not enough to suppress

The affidavit and supplementing testimony provided substantial probable cause for issuance of the warrant. State law requires any testimony supplementing a search warrant affidavit be preserved and transcribed. The state issuing magistrate failed. The officer, however, acted in good faith, … Continue reading

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IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

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M.D.Pa.: State law jurisdiction of the officers involved isn’t cognizable in a 2254

State law jurisdiction of the officers involved isn’t cognizable in a 2254. McDowell v. Hainesworth, 2023 U.S. Dist. LEXIS 187496 (M.D. Pa. Oct. 18, 2023). Petitioner doesn’t get a CoA to appeal his 2255. He provides no basis for concluding … Continue reading

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CA3: SoL for illegal search claims not tolled by incarcerated

Plaintiff inmate’s statute of limitations for an illegal search claim starts when he should be aware of the claim and it is not tolled while he is incarcerated. Poteat v. Lydon, 2023 U.S. App. LEXIS 26961 (3d Cir. Oct. 11, … Continue reading

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CA8: Continuation of arrest after the officer learned it was unjustified denied the officer QI

Continuation of plaintiff’s arrest after the officer learned it was unjustified denied the officer qualified immunity. “Even if we concluded Officer Holtan made a reasonable mistake about probable cause when he first tackled Nieters to the ground, Nieters immediately informed … Continue reading

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D.Mont.: Def’s interest in his package is a reasonable delivery time, but not an exact time

When a package in transit is detained for investigation, the person named on the package has an interest in a reasonable delivery time, but not an exact time. United States v. Hamlin, 2023 U.S. Dist. LEXIS 180215 (D. Mont. Oct. … Continue reading

Posted in Mail and packages, Probation / Parole search, Qualified immunity | Comments Off on D.Mont.: Def’s interest in his package is a reasonable delivery time, but not an exact time

CA11: Officer gets QI for ordering passenger to produce ID

The officer in a Florida traffic stop could get the driver out of the vehicle as a matter of course under Mimms. Under Maryland v. Wilson, he could order the passenger out, too. It was not clearly established law that … Continue reading

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W.D.La.: Failure to make a timely return of SW papers is not a const’l error

Failure to make a timely return of the warrant to the issuing court is not a constitutional error, and there is no showing of prejudice. United States v. Warren, 2023 U.S. Dist. LEXIS 176014 (W.D. La. Aug. 18, 2023), adopted, … Continue reading

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CA9: SW was wholesale overbroad, and QI not properly preserved for appeal

“The Second Search Warrant authorized, among other things, without any limitation as to time, the seizure of a vast array of ‘[f]inancial information’ related to Mr. Moore and ‘associated businesses’ that constitute evidence of a crime and all electronics that … Continue reading

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IL: Pills in knotted baggie were “immediately apparent” for plain view

Plain view: “In the case before us, the evidence showed that it was immediately apparent to Officer Yanez, i.e., he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics based on his … Continue reading

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Two excessive force cases with qualified immunity

“A hypothetically reasonable officer in Brown’s situation would have probable cause to believe that Kohler posed a threat of serious physical harm to himself and to the other officers when he used deadly force. That officer could reasonably conclude that … Continue reading

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PA MMA doesn’t permit driving while smoking MMJ

The MMA doesn’t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant’s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).* Plaintiff was in court shortly after … Continue reading

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