police4aqi

Police, The Fourth Amendment, Qualified Immunity

Disappointing appellate result in the Cornu-Labatt case

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Dr. Cornu-Labatt was arrested for violating a protective order in which he was not in actual violation. I thought he got a raw deal at the district court level:

https://police4aqi.wordpress.com/2013/02/16/senior-district-court-judge-edward-f-shea-does-it-again/

Now Dr. Cornu-Labatt has lost his appeal:

http://scholar.google.com/scholar_case?case=11319198610218379825&q=%22fourth+amendment%22+%22qualified+immunity%22&hl=en&scisbd=2&as_sdt=6,33

Long story short: prior to making an arrest, police don’t need to look at a protective order document if they rely on a faulty computer database summary of the protection order. While the various court opinions have been less than optimally clear about this, it appears that police had a copy of the protective order, but chose not to read it (or read it and ignored it).

Comment: Shoddy, unfair.

Written by Burgers Allday

July 2, 2014 at 3:25 am

Posted in Uncategorized

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