Police, The Fourth Amendment, Qualified Immunity

Quotable Quote: Family Seaside Town Edition

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Case: COUDEN v. DUFFEY (D.Del. 12-12-2011) (quoting Sharrar v. Felsing, 128 F.3d 810, 822 (3d Cir. 1997)).


While the language and method used to effect the arrests appear to be more akin to the Rambo-like behavior associated with police in overdramatized B movies or TV shows than police conduct ordinarily expected in a quiet, family seaside town, we are reluctant to establish a precedent that would subject every police arrest of a group of possible violent offenders to compliance with the Marquis of Queensberry Rules of fair play. Although these police officers came close to the line, these circumstances, in totality, do not rise to a Fourth Amendment violation.

Written by Burgers Allday

December 21, 2011 at 4:12 am

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