Police, The Fourth Amendment, Qualified Immunity

Plymouth, IN Officer John Weir’s drug dog Rex makes a false alert

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Case: MILLER v. CITY OF PLYMOUTH (N.D.Ind. 8-15-2012)

What happened: Plaintiffs were stopped for speeding. Officer John Weir’s K9 Rex was walked around Plaintiffs’ vehicle and allegedly indicated that there was contraband in the vehicle, but there was no contraband in the vehicle. Plaintiff sued.

Decision: No qi for the police because Rex’s reliability has not been definitively established and because Officer Weir may have “cued” Rex by allegedly telling the K9 unit to sit. However, claims that the initial vehicle stop was illegal were Heck-barred because the Plaintiff who had been driving the vehicle was duly convicted of speeding.

Written by Burgers Allday

August 18, 2012 at 12:24 am

Posted in Uncategorized

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