Daily Archives: December 1, 2022

S.D.Ind.: Forced Covid test didn’t violate 4A

Requiring plaintiff, who said he was positive for Covid-19, be tested before putting him in hospital was reasonable under the Fourth Amendment. It’s less intrusive than swabbing for DNA. Alternatively, qualified immunity applies. Mercado v. Columbus Reg’l Hosp., 2022 U.S. … Continue reading

Posted in Emergency / exigency, Probable cause, Qualified immunity, Seizure | Comments Off on S.D.Ind.: Forced Covid test didn’t violate 4A

CA4: Video showed district court’s findings of reasonableness clearly erroneous

The video of this stop contradicted the district court’s findings, and the motion to suppress should have been granted. “Here, however, the video evidence does not support some of Officer Helms’s statements and impressions. As we explain, the district court … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off on CA4: Video showed district court’s findings of reasonableness clearly erroneous