{"id":58298,"date":"2024-07-06T18:13:32","date_gmt":"2024-07-06T23:13:32","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58298"},"modified":"2024-07-07T07:31:49","modified_gmt":"2024-07-07T12:31:49","slug":"ca9-4a-of-manufactured-pc-is-a-new-form-of-bivens-claim-and-is-barred","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58298","title":{"rendered":"CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred"},"content":{"rendered":"\n<p>Plaintiff\u2019s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2024\/07\/05\/22-16983.pdf\">Sheikh v. U.S. Dep&#8217;t of Homeland Sec.<\/a>, 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024).<\/p>\n\n\n\n<p>911 received an anonymous call that a suspicious vehicle was stopped at a particular milemarker on I-75. \u201cAlthough the 911 caller in this case did not provide a license plate number, Santiago-Marrero is ignoring the detailed information that was provided by the caller; i.e., that the vehicle was small, white, being driven by a male, and had pulled over at mile marker 43 on I-75 south. That is precisely the location where Sgt Touchton found Santiago-Marrero in a small, white Toyota at mile marker 43 on I-75 south.\u201d The officer saw the occupants changing places. This was sufficient under Navarette v. California. Reasonable suspicion to continue the stop developed. United States v. Santiago-Marrero, 2024 U.S. Dist. LEXIS 118251 (M.D. Ga. July 3, 2024).*<\/p>\n\n\n\n<p>This defendant had no standing in the search of another person\u2019s iCloud account. United States v. Rombough, 2024 U.S. Dist. LEXIS 117986 (N.D. Cal. July 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. Sheikh v. U.S. Dep&#8217;t of Homeland Sec., 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024). &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58298\">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":[45,12,44,34],"tags":[],"class_list":["post-58298","post","type-post","status-publish","format-standard","hentry","category-45","category-computer-searches","category-informant-hearsay","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58298","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=58298"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58298\/revisions"}],"predecessor-version":[{"id":58303,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58298\/revisions\/58303"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58298"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58298"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58298"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}