{"id":40415,"date":"2019-10-30T07:56:57","date_gmt":"2019-10-30T12:56:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40415"},"modified":"2019-10-30T09:49:48","modified_gmt":"2019-10-30T14:49:48","slug":"ca9-arresting-ptf-for-objecting-to-police-coming-into-her-house-while-she-got-money-to-pay-a-cab-driver-stated-4a-claim-with-no-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40415","title":{"rendered":"CA9: Arresting ptf for objecting to police coming into her house while she got money to pay a cab driver stated 4A claim with no QI"},"content":{"rendered":"<p>\u201cCan a declined credit card for a $16.70 cab fare result in a 42 U.S.C. \u00a7 1983 action? One would think not. But here we are.\u201d The cab driver called the police. Plaintiff offered to go into her apartment to get the money, and the officers entered with her. When she objected to their coming in, they arrested her. She states a Fourth Amendment claim because there was no probable cause at all to arrest her, and there is no qualified immunity. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2019\/10\/28\/18-55833.pdf\">Watts v. City of Newport Beach<\/a>, 2019 U.S. App. LEXIS 32276 (9th Cir. Oct. 28, 2019).<\/p>\n<p>Defendant did not object below to random drug screening after his conviction for grossly negligent operation of a motor vehicle. Therefore, it won\u2019t be reviewed for plain error. Nevertheless, the court strikes it from his conditions of probation as not related to the conviction. <a href=\"https:\/\/www.vermontjudiciary.org\/sites\/default\/files\/documents\/op18-286.pdf\">State v. Nash<\/a>, 2019 VT 73, 2019 Vt. LEXIS 150 (Oct. 25, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cCan a declined credit card for a $16.70 cab fare result in a 42 U.S.C. \u00a7 1983 action? One would think not. But here we are.\u201d The cab driver called the police. Plaintiff offered to go into her apartment to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40415\">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":[50],"tags":[],"class_list":["post-40415","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40415","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=40415"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40415\/revisions"}],"predecessor-version":[{"id":40419,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40415\/revisions\/40419"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}