police4aqi

Police, The Fourth Amendment, Qualified Immunity

Qualified immunity for policeman who did unConstitutional smart phone type search

leave a comment »

Fourth Amendment.com reports on this recent federal district court opinion here:

http://fourthamendment.com/blog/index.php?blog=1&title=d_ore_cell_phones_shouldn_t_be_subject_t&more=1&c=1&tb=1&pb=1

Basically, two policeman looked at a drunk driving suspect’s device and found sex images of plaintiff and his girlfriend. According to Fourth Amendment.com, the court held that if the drunk driving arrest was proper (this is contested) then the fact that the policemen looked at the private sex pictures is: (i) unConstitutional; but (ii) properly subject to qualified immunity for lack of previous cases on point. OTOH, if the drunk driving arrest was improper then there will be no qualified immunity because there is established case law (and hence no qi) vis-a-vis improper drunk driving arrests.

Written by Burgers Allday

January 23, 2012 at 10:07 am

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: