{"id":45344,"date":"2020-09-14T12:35:32","date_gmt":"2020-09-14T17:35:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45344"},"modified":"2020-09-14T12:36:46","modified_gmt":"2020-09-14T17:36:46","slug":"m-d-fla-civilly-committed-sexually-violent-predator-was-effectively-in-prison-for-his-4a-claim-against-room-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45344","title":{"rendered":"M.D.Fla.: Civilly committed sexually violent predator was effectively in prison for his 4A claim against room search"},"content":{"rendered":"\n<p>\u201cSpaulding is civilly committed to the Florida Civil Commitment Center (\u2018FCCC\u2019) under the Sexual Violent Predators Act\u201d and his Xbox and blu-ray player were seized because having them wasn\u2019t appropriate for his custody level. His due process and Fourth Amendment claims fail. It\u2019s the same as if he\u2019s in jail. For the due process claim, he has a post-deprivation remedy. Spaulding v. Sawyer, 2020 U.S. Dist. LEXIS 167068 (M.D. Fla. Sept. 14, 2020).<\/p>\n\n\n\n<p>Arguable probable cause for plaintiff\u2019s arrest in a sex case later dismissed was qualified immunity. The alleged Franks violation of omission of alleged exculpatory information wasn\u2019t sufficient to call the probable cause into doubt. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/20\/09\/191727U.pdf\">Matthews v. McNeil<\/a>, 2020 U.S. App. LEXIS 29025 (8th Cir. Sept. 14, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cSpaulding is civilly committed to the Florida Civil Commitment Center (\u2018FCCC\u2019) under the Sexual Violent Predators Act\u201d and his Xbox and blu-ray player were seized because having them wasn\u2019t appropriate for his custody level. His due process and Fourth Amendment &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45344\">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":[113,40],"tags":[],"class_list":["post-45344","post","type-post","status-publish","format-standard","hentry","category-prison-and-jail-searches","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45344","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=45344"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45344\/revisions"}],"predecessor-version":[{"id":45346,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45344\/revisions\/45346"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45344"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45344"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45344"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}