{"id":41589,"date":"2020-01-01T16:17:01","date_gmt":"2020-01-01T21:17:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41589"},"modified":"2020-01-02T11:55:28","modified_gmt":"2020-01-02T16:55:28","slug":"ca6-without-rs-two-officers-get-no-qi-but-another-acting-at-their-request-does","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41589","title":{"rendered":"CA6: Without RS, two officers get no QI, but another acting at their request does"},"content":{"rendered":"<p>Three officers were involved in defendant\u2019s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, however, acting on their collective knowledge that proved inadequate does get qualified immunity. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0308p-06.pdf\">Bey v. Falk<\/a>, 2019 U.S. App. LEXIS 38732 (6th Cir. Dec. 31, 2019).<\/p>\n<p>Petitioner\u2019s effort to file a successor habeas is denied. He alleges a challenge to the drug dog that it wasn\u2019t trained to alert to PCP, but he still doesn\u2019t show that no jury would have convicted. To the extent that this is an attempt to invoke the exclusionary rule, it\u2019s barred by Stone v. Powell. In re Irby, 2019 U.S. App. LEXIS 38722 (6th Cir. Dec. 30, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Three officers were involved in defendant\u2019s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41589\">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":[45,93,27],"tags":[],"class_list":["post-41589","post","type-post","status-publish","format-standard","hentry","category-45","category-collective-knowledge","category-dog-sniff"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41589","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=41589"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41589\/revisions"}],"predecessor-version":[{"id":41600,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41589\/revisions\/41600"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41589"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41589"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41589"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}