police4aqi

Police, The Fourth Amendment, Qualified Immunity

11th Circuit admits that sometimes bad guys falsely yell “POLICE!”

with one comment

Case: McQUEEN v. JOHNSON, No. 11-15069 (Eleventh Circuit, February 5, 2013)

Quote:

While the police would have been safe in taking [a plainclothes policeman’s] assertions of state law enforcement employment and passivity at face value this time, such statements would by no means necessarily be true . . .

Comment: Hope this case is remembered next time a regcit mistakes a policeman for a robber.

Written by Burgers Allday

February 9, 2013 at 12:40 pm

Posted in Uncategorized

One Response

Subscribe to comments with RSS.

  1. Hope this case is remembered next time a regcit mistakes a policeman for a robber.

    Hope may spring eternal, but I don’t think it’s going to happen.

    From the decision:

    While the police would have been safe in taking McQueen’s assertions of state law enforcement employment and passivity at face value this time, such statements would by no means necessarily be true in the next armed robbery call or situation in which an armed suspect’s hands are concealed. Such a rule, in addition to contravening settled doctrine, would undermine the very purpose of qualified immunity, which “is to give meaning to the proposition that government officials are not required to err on the side of caution when it comes to avoiding constitutional violations.”

    Since ordinary citizens never have qualified immunity (or any other kind) the court will never apply the “maybe he’s lying about being police” rationale to ordinary citizens who disbelieve otherwise unidentified attackers’ assertions of being police.

    En Passant

    February 16, 2013 at 11:12 am


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: