police4aqi

Police, The Fourth Amendment, Qualified Immunity

Wish this case hadn’t been brought

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A recent police4aqi case dealt with a situation that happened one night when a habitual drunkard (now deceased) was apparently only slightly intoxicated at a restaurant and had nowhere to go. The restaurant called the police. The police effectively gave the unfortunate man a choice between being arrested, or being driven to the county line. He chose county line. Although it is not known exactly what happened after he was dropped off, it appears that the man drank more whiskey (he had a bottle on him) and then perished of hypothermia in the 25-35 degree Fahrenheit night. The survivors sued and have now lost on appeal:

http://scholar.google.com/scholar_case?case=342779665679957968&q=%22fourth+amendment%22+%22qualified+immunity%22&hl=en&scisbd=2&as_sdt=6,33

Comment: This is the kind of case that (understandably) makes policemen too eager to arrest everyone and confiscate their alcohol. There may have been better options for the policemen here, but, realistically, the mere bringing of this kind of case incentivizes police to arrest the homeless more than they already do.

Written by Burgers Allday

July 27, 2014 at 9:04 am

Posted in Uncategorized

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