Clearly established state statute doesn\u2019t translate to clearly established constitutional law for \u00a7 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).*<\/p>\n\n\n\n
\u201cIn their reply brief the OSA Defendants cite cases concerning a reasonable expectation of privacy in the context of warrantless searches and seizures. \u2026 These cases have no bearing on Plaintiff’s ability to bring a claim for trespass.\u201d Femhealth United States, Inc. v. Williams, 2023 U.S. Dist. LEXIS 149106 n.8 (M.D. Tenn. Aug. 23, 2023).*<\/p>\n\n\n\n
There was probable cause to believe drugs were in defendant\u2019s car, and that supported its search after his arrest. United States v. Garay, 2023 U.S. Dist. LEXIS 149327 n.12 (D.R.I. Aug. 22, 2023).*<\/p>\n\n\n\n
\u201cA defendant challenging the admissibility of her statements bears the burden of establishing that she was in custody when she made them. \u2026 Whether a suspect is \u2018in custody\u2019 for purposes of the Fifth Amendment looks beyond the Fourth Amendment’s free-to-leave seizure inquiry to whether, under a totality of the circumstances, \u2018a reasonable person would have understood [her] freedom of action to have been curtailed to a degree associated with formal arrest.\u2019\u201d United States v. Ruoho, 2023 U.S. Dist. LEXIS 149235 (N.D. Ala. July 13, 2023),* adopted, 2023 U.S. Dist. LEXIS 147228 (N.D. Ala. Aug. 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Clearly established state statute doesn\u2019t translate to clearly established constitutional law for \u00a7 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* \u201cIn their reply brief the OSA Defendants cite cases concerning … Continue reading