{"id":33855,"date":"2018-07-13T05:59:52","date_gmt":"2018-07-13T10:59:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33855"},"modified":"2018-07-13T05:59:52","modified_gmt":"2018-07-13T10:59:52","slug":"d-md-officer-gets-qi-for-arresting-person-with-same-name-but-it-turned-out-warrant-was-for-far-younger-woman-of-different-race","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33855","title":{"rendered":"D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race"},"content":{"rendered":"<p>Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn\u2019t the one. He took her in, causing her pain and to collapse during the arrest process. After a few hours, the fax confirmation of the warrant came in and it was for a 20 year younger white woman, and plaintiff is African-American. In a Bivens action, the officer gets qualified immunity. The fact the name was the same was enough. Williams v. United States, 2018 U.S. Dist. LEXIS 115005 (D. Md. July 11, 2018).*<\/p>\n<p>The alleged material omissions, if supplied, still leaves probable cause for the search warrant. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/18\/07\/172391P.pdf\">United States v. Charles<\/a>, 2018 U.S. App. LEXIS 18964 (8th Cir. July 12, 2018).*<\/p>\n<p>Guilty plea waived appeal of denial of suppression motion. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_05188.htm\">People v. Brown<\/a>, 2018 NY Slip Op 05188, 2018 N.Y. App. Div. LEXIS 5079 (2d Dept. July 12, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn\u2019t the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33855\">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],"tags":[],"class_list":["post-33855","post","type-post","status-publish","format-standard","hentry","category-45","category-franks-doctrine","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33855","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=33855"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33855\/revisions"}],"predecessor-version":[{"id":33856,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33855\/revisions\/33856"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33855"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33855"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33855"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}