The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative search warrant. The Fourth Amendment was not violated. Moore v. City of Little Rock, 2024 U.S. Dist. LEXIS 86680 (E.D. Ark. May 14, 2024).<\/p>\n\n\n\n
\u201cIn short, construing the facts in Plaintiff’s favor, the officers did not \u2018reasonably but mistakenly conclude[] that probable cause was present\u2019 to arrest Plaintiff for violating \u00a7 800.03. \u2026 Instead, they knew after watching the tenant’s video that Plaintiff had not exposed his sexual organs in violation of \u00a7 800.03, but falsified their account of the incident in statements made in support of his arrest under that statute. See Kingsland v. City of Miami, 382 F.3d 1220, 1232 (11th Cir. 2004) (\u2018[F]alsifying facts to establish probable cause is patently unconstitutional.\u2019), abrogated on other grounds \u2026. \u2018[E]xisting precedent\u2019 at the time of Plaintiff’s arrest made the unconstitutionality of the arrest under those circumstances \u2018beyond debate.\u2019 Mullenix v. Luna, 577 U.S. 7, 12 (2015) (quotation marks omitted).\u201d Faile v. City of Leesburg, 2024 U.S. App. LEXIS 11636 (11th Cir. May 14, 2024).*<\/p>\n\n\n\n
Plaintiff was handcuffed on the floor admittedly still resisting when he was Tased. This is qualified immunity. Leach v. Sarasota Cty., 2024 U.S. App. LEXIS 11637 (11th Cir. May 14, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading