{"id":41392,"date":"2019-12-24T11:16:53","date_gmt":"2019-12-24T16:16:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41392"},"modified":"2019-12-24T11:16:53","modified_gmt":"2019-12-24T16:16:53","slug":"ca5-even-assuming-4a-violation-ptf-doesnt-show-it-was-clearly-established","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41392","title":{"rendered":"CA5: Even assuming 4A violation, ptf doesn&#8217;t show it was clearly established"},"content":{"rendered":"<p>\u201cIn short, we decline to opine on whether Campbell&#8217;s actions amount to a [Fourth Amendment] violation. Robles failed to meet his burden to show that such a violation was clearly established, particularly when dealing with an underlying violent crime. Accordingly, Campbell is entitled to qualified immunity.\u201d Robles v. Ciarletta, 2019 U.S. App. LEXIS 37723 (5th Cir. Dec. 19, 2019).*<\/p>\n<p>A doctor stated a privacy claim for surreptitious recording by a deceased patient\u2019s mother in his office for noncompliance with the Florida recording statute. He had a reasonable expectation of privacy in his own office. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201911060.pdf\">Woliner v. Summers<\/a>, 2019 U.S. App. LEXIS 37385 (11th Cir. Dec. 18, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIn short, we decline to opine on whether Campbell&#8217;s actions amount to a [Fourth Amendment] violation. Robles failed to meet his burden to show that such a violation was clearly established, particularly when dealing with an underlying violent crime. Accordingly, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41392\">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":[40,18],"tags":[],"class_list":["post-41392","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41392","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=41392"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41392\/revisions"}],"predecessor-version":[{"id":41393,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41392\/revisions\/41393"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}