Police, The Fourth Amendment, Qualified Immunity

Awful decision by Judge James A. Parker

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Case: HIGGINS v. BACA, Case No. 11 CV 757 JAP/ACT (D. New Mexico, December 4, 2012)

Comments: I won’t attempt to summarize this one. I will say:

– I think there are bigtime issues of fact as to whether the alleged Confidential Informant (who would not appear in court) was reliable.

– I think assuming the credibility of the CI, while allowing him to forego not only cross examination, but even an in camera appearance, makes a mockery of justice.

– I think there are clearly issues of fact as to whether Santa Rosa officer Charles Baca routinely lies to the magistrate to get warrants.

– Fervently hope this nonsense is overturned on appeal.

Written by Burgers Allday

December 15, 2012 at 6:56 am

Posted in Uncategorized

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