{"id":27320,"date":"2017-05-28T00:00:42","date_gmt":"2017-05-28T05:00:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27320"},"modified":"2017-05-26T18:17:28","modified_gmt":"2017-05-26T23:17:28","slug":"mi-taking-ptfs-photo-and-prints-after-a-valid-arrest-did-not-violate-4a","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27320","title":{"rendered":"MI: Taking ptf&#8217;s photo and prints after a valid arrest did not violate 4A"},"content":{"rendered":"<p>The taking of plaintiff\u2019s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the taking of photographs and fingerprints were racially discriminatory based on the fact that 75% were African-American but the population of the city was 20%. <a href=\"http:\/\/publicdocs.courts.mi.gov\/OPINIONS\/FINAL\/COA\/20170523_C330536_51_330536.OPN.PDF\">Johnson v. VanderKooi<\/a>, 2017 Mich. App. LEXIS 861 (May 23, 2017).<\/p>\n<p>The Franks challenge in this case was somewhat \u201ctroublesome\u201d because officers relied on a pill bottle in the house to get a search warrant. In photographs, the pill bottle wasn\u2019t visible, but officers testified it was there. At bottom, however, the issuing magistrate relied on the affidavit and not the photographs, and it was apparent that the pill bottle was in the house; where was the issue. Therefore, the Franks violation, if there was one, wasn\u2019t material. <a href=\"http:\/\/www.sccourts.org\/opinions\/HTMLFiles\/COA\/5487.pdf\">State v. Trapp<\/a>, 2017 S.C. App. LEXIS 46 (May 24, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The taking of plaintiff\u2019s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27320\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,21,40,18],"tags":[],"class_list":["post-27320","post","type-post","status-publish","format-standard","hentry","category-45","category-franks-doctrine","category-qualified-immunity","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27320","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=27320"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27320\/revisions"}],"predecessor-version":[{"id":27321,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27320\/revisions\/27321"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27320"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27320"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}