Daily Archives: January 8, 2023

SC Const. search and seizure and privacy provision protects abortion rights; Idaho says theirs doesn’t

The state 1971 constitutional amendment recognizing a right to privacy was really enacting what the people always believed about privacy. It provides: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches … Continue reading

Posted in § 1983 / Bivens, Prison and jail searches, State constitution, Strip search | Comments Off on SC Const. search and seizure and privacy provision protects abortion rights; Idaho says theirs doesn’t

CA10: Traffic stop to flirt with motorist was unreasonable, and clearly established that cause needed

The officer’s stop of plaintiff to flirt with her was without basis and thus unreasonable, and clearly established. Shepherd v. Robbins, 2022 U.S. App. LEXIS 36056 (10th Cir. Dec. 13, 2022) [corrected Dec. 28, 2022]. Defense counsel wasn’t ineffective for … Continue reading

Posted in Consent, Excessive force, Qualified immunity, Reasonableness | Comments Off on CA10: Traffic stop to flirt with motorist was unreasonable, and clearly established that cause needed