{"id":39491,"date":"2019-09-02T15:13:24","date_gmt":"2019-09-02T20:13:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39491"},"modified":"2019-09-02T15:13:24","modified_gmt":"2019-09-02T20:13:24","slug":"ca9-seven-hour-arrest-and-detention-of-decedents-wife-as-witness-to-a-police-shooting-was-unreasonable-under-clearly-established-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39491","title":{"rendered":"CA9: Seven hour arrest and detention of decedent&#8217;s wife as witness to a police shooting was unreasonable under clearly established law"},"content":{"rendered":"<p>Plaintiff\u2019s husband was shot by sheriff\u2019s deputies and killed and she was arrested as a material witness, taken away, and held for seven hours\u2013four before any questioning. This was unreasonable under Maxwell v. County of San Diego, 708 F.3d 1075, 1083-84 (9th Cir. 2013), and they get no qualified immunity. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2019\/08\/30\/18-55480.pdf\">Kendrick v. County of San Diego<\/a>, 2019 U.S. App. LEXIS 26447 (9th Cir. Aug. 30, 2019).*<\/p>\n<p>TSA officers are \u201claw enforcement officers\u201d for purposes of an alleged unreasonable search conducted in a private room and then the filing of alleged retaliatory state charges against the plaintiff. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/153047pen.pdf\">Pellegrino v. United States Transp. Sec. Admin.<\/a>, 2019 U.S. App. LEXIS 26392 (3d Cir. Aug. 30, 2019) (en banc).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s husband was shot by sheriff\u2019s deputies and killed and she was arrested as a material witness, taken away, and held for seven hours\u2013four before any questioning. This was unreasonable under Maxwell v. County of San Diego, 708 F.3d 1075, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39491\">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":[45,40],"tags":[],"class_list":["post-39491","post","type-post","status-publish","format-standard","hentry","category-45","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39491","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=39491"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39491\/revisions"}],"predecessor-version":[{"id":39497,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39491\/revisions\/39497"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39491"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}