{"id":38358,"date":"2019-06-30T05:41:40","date_gmt":"2019-06-30T10:41:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38358"},"modified":"2019-06-30T05:41:40","modified_gmt":"2019-06-30T10:41:40","slug":"ca6-dist-ct-erred-in-concluding-it-was-reasonable-to-believe-ptf-abandoned-his-home-finding-of-qi-reversed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38358","title":{"rendered":"CA6: Dist Ct erred in concluding it was reasonable to believe ptf abandoned his home; finding of QI reversed"},"content":{"rendered":"

The district court erred in granting qualified immunity to officers who decided that the plaintiff had abandoned his rented home by disclaiming ownership in the property. He was clearly a guest at the minimum or a renter at most, and he had a reasonable expectation of privacy in the premises. The law was clearly established at the time, and the grant of qualified immunity is reversed. It\u2019s really hard to abandon one\u2019s home. Watson v. Pearson<\/a>, 2019 U.S. App. LEXIS 19480 (6th Cir. June 27, 2019).<\/p>\n

Defendant\u2019s Franks motion was based on his own forensic examiner\u2019s disagreements with parts of the government\u2019s assertions in the affidavit for search warrant, but they weren\u2019t material to probable cause. Indeed, his own examiner agreed with the essential premise of the affidavit. United States v. Jones, 2019 U.S. App. LEXIS 19503 (6th Cir. June 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The district court erred in granting qualified immunity to officers who decided that the plaintiff had abandoned his rented home by disclaiming ownership in the property. He was clearly a guest at the minimum or a renter at most, and … Continue reading →<\/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":[48,21,40],"tags":[],"class_list":["post-38358","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-franks-doctrine","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38358","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=38358"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38358\/revisions"}],"predecessor-version":[{"id":38359,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38358\/revisions\/38359"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38358"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38358"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}