Police, The Fourth Amendment, Qualified Immunity

Audio recording seems to indicate that Los Lunas Sgt. Taylor did a bad arrest

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link to full Tenth Circuit opinion

Los Lunas, New Mexico Sergeant Taylor responded to a call by plaintiff’s neighbor complaining of a loud argument at plaintiff’s house. The argument was over by the time Sergeant Taylor arrived at plaintiff’s house. Plaintiff admitted to loudly arguing, but informed Sergeant Taylor that his wife was gone and the argument was over. Sergeant Taylor ordered plaintiff out of the house, but plaintiff said that he had a right to remain in his house. So, Sergeant Taylor pulled plaintiff out of his house and arrested him for disobeying the order to step out of his house.

As it turns out, plaintiff did have the right to stay in his house — Sergeant Taylor was wrong about the law. No qi for Sergeant Taylor because the arrest may well have been a bad arrest, founded upon an disobeying an unlawful order that Taylor had issued.

The audio recording that Sergeant Taylor made was helpful to the Tenth Circuit in reaching this decision. It helped to show that plaintiff was not all riled up when Sergeant Taylor first arrived at his door, and only became vexed when Sergeant Taylor became overly inquisitive and issued an unlawful order.

Written by Burgers Allday

October 6, 2012 at 11:47 am

Posted in Uncategorized

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