Police, The Fourth Amendment, Qualified Immunity

MOLIERI v. COUNTY OF MARIN, No. C-10-5430 MMC (N.D. California, October 25, 2012)

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Interesting legal case regarding police who are knocking at the door and want to come in. In this case, the San Francisco police Sergeant O’Malley (no first name given) allegedly said that the plaintiff needed to open the door and that he had a warrant coming. Plaintiff conferred with his attorney by phone, and then opened the door after stating that he was only opening the door because the the police had a warrant. The police did not actually have a warrant. No qi for the police because they cannot get into a residence by falsely claiming to have a warrant.

Written by Burgers Allday

October 30, 2012 at 6:38 am

Posted in Uncategorized

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