MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

Plaintiffs’ Fourth Amendment rights were not violated by police officers taking their photographs and fingerprints based on reasonable suspicion during valid Terry stops, because plaintiffs had no reasonable expectation of privacy in physical characteristics that were constantly exposed to the public. Johnson v. Vanderkooi, 2019 Mich. App. LEXIS 7398 (Nov. 21, 2019), on remand from 502 Mich. 751, 918 N.W.2d 785 (2017).

The video from the jail booking area shows the district court did not err in finding that no reasonable jury could conclude that the police did not use excessive force even though plaintiff was handcuffed to a railing. He was acting irrationally and grabbing anything he could reach as a weapon and breaking windows. O’Brien v. Town of Bellingham, 2019 U.S. App. LEXIS 34981 (1st Cir. Nov. 22, 2019).*

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