Police, The Fourth Amendment, Qualified Immunity


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“Moreover, the fact that [Law Enforcement Officer] Pestak switched off his lapel video itself could lead to an inference that he no longer believed he was engaged in the Terry stop” — and could not order bystanders around on that basis. Link

There are many cases where plaintiff alleges that too-tight handcuffs injured his or her wrists. In this case the plaintiff lost because he was not firm enough about asking the policeman to loosen the handcuffs.

“An exigency related to a misdemeanor will seldom, if ever, justify a warrantless entry into the home.” Link

Busted: “At this point, the affiant officers’ presentations of the facts differ substantially from [plaintiff]’s and from the objective audio and video evidence.”

“[A] reasonable jury could conclude that [police officer] Harff acted unreasonably by entering and searching Slusar’s home over her objections. . . . The typewritten address on the warrants reflected that Pryor lived at a different location . . . This typewritten address was crossed out and the address of Slusar’s home was written in by hand. A jury could disbelieve Harff’s testimony that he had earlier observed Pryor entering the home. Harff had never met Pryor and his belief was based on a two-second visual observation as he drove past Slusar’s home in his car. Notably undermining Harff’s story is the simple fact that Pryor was not found inside, even though all the doors and windows were locked and secure and Harff conducted a thorough search.” Link

Written by Burgers Allday

April 30, 2013 at 4:54 pm

Posted in Uncategorized

One Response

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  1. We know where you live you slaaaggg.

    Jack Reagan

    May 1, 2013 at 10:17 am

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