Police, The Fourth Amendment, Qualified Immunity

BARTON v. HEINEMAN (D.N.E. 3-9-2012)

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What happened: District court approves of false hit by police K9 unit.  Judge Laurie Smith attempted to justify the false hit by stating:  “located a residual amount of marijuana near the front floorboard area.”

Comment:  Weak.  Not credible. The opinion mentions no lab tests to prove that what was found was marijuana and it therefore unfairly smeared plaintiff when Judge Laurie Smith Camp made the factual finding that marijuana residue had been found.

Another comment:  Even if the smudge on the floorboard really was mj, and even if this smudge on the floorboard really was what led the K9 unit to alert, then all that means is that this particular K9 is NOT calibrated to only find evidence of crimes, which Judge Smith Camp should have flagged as a problem even under her own dubious reasoning.

Written by Burgers Allday

July 27, 2012 at 6:01 am

Posted in Uncategorized

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