Police, The Fourth Amendment, Qualified Immunity

MATTHEWS v. CITY OF NEW YORK, No. 10-CV-4991 (E.D.N.Y. September 5, 2012)

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This is a fascinating case that alleges a lot of serious dishonesty on the part of the NYPD. It is worth reading in its entirety. One especially troubling allegation is that police withheld medical tretment for a seriously injured man until one of a group of men who were taking him to the hospital signed a confession to a crime.

From a legal standpoint, one thing I found interesting is that the “fruit of the poisonous tree” doctrine does not apply in civil cases against the police. Even though police did not have probable cause to search a car, they still aren’t liable for arrests made based on a handgun that was found in the car — the illegal search does not taint the subsequent arrests for qi purposes. Still, the police were denied qi with respect to several aspects in this troubling case.

Written by Burgers Allday

September 8, 2012 at 5:05 pm

Posted in Uncategorized

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