Police, The Fourth Amendment, Qualified Immunity

GUERRERO v. DEANE (E.D.Va. 10-27-2010)

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This is a classic policeman-sticks-his-foot-in-the-door case. As is typical in these cases, the policeman used the fact that the door was closed on his foot to enter and arrest everybody for battery and resisting arrest. While this qi opinion is a couple years old (and was appealed all the way up to the Supreme Court, which denied “cert“), this litigation is still going on. In more recent developments, the police are trying to keep out portions of the 911 calls and all evidence from how policemen came in and attacked the plaintiffs in their own house after they were unsuccessful in keeping the police out. One wonders what the police are trying to hide here. As far as I can tell Judge James C. Cacheris has not yet decided whether he will exclude the 911 recording and the evidence of the manner in which the plaintiffs were arrested inside their own home. Because this is a he-said-she-said case, it may well be that the 911 recording and the events that transpired in the plaintiffs’ house reflect on the credibility of material witnesses.

Written by Burgers Allday

July 31, 2012 at 5:39 am

Posted in Uncategorized

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