Police, The Fourth Amendment, Qualified Immunity

Funny case with repurposed liquor bottle

with 3 comments


On the afternoon of March 29, 2011, Officer Seiser was driving his private automobile between Tilden Career Community Academy High School in Chicago’s Canaryville neighborhood to the nearby intersection of 50th Street and Union Avenue, where Seiser was assigned to stand post until 4:00 p.m. as part of the City’s Operation Safe Schools program. Seiser was on duty and in uniform as a police officer.[1]

Seiser was making an effort to consume extra water as part of a weight-loss program. Toward that end, he had a large bottle of water with him in the car and in fact was drinking from it while en route to his assigned post. In retrospect, his choice of bottle was not the most prudent: the bottle was a 1.75-liter T.G.I. Friday’s Mudslide bottle which, when sold, had contained an alcoholic beverage and which still bore a label that read, “The liquor is in it.”

Officer Seiser loses his civil suit against the police for breathalazying him and arresting him.

SEISER v. City of Chicago, Court of Appeals, 7th Circuit 2014

Written by Burgers Allday

August 16, 2014 at 12:33 pm

Posted in Uncategorized

3 Responses

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  1. Not funny. Scary. That wasn’t just some po-dunk PD staffed by a couple of high school drop-out brothers getting badge heavy. That was the Chicago Police Department and the 7th Circuit US Court of Appeals that just took an unabashed dump on the Constitution! I talk more about the case on my blog here: https://officerfriendlyblog.wordpress.com/2015/01/25/chicago-pd-and-northern-courts-bastardizing-probable-cause-standard/

    Officer Friendly

    January 30, 2015 at 5:40 am

    • Maybe the arrest should not have been made. Maybe the officer should have gotten the redress he failed to get in his civil suit. However, I like this case because the police officer got exactly the treatment that I expect a regular citizen (non-police) would have gotten — both on the street and in the courts. To me, that is the funny thing here.

      Burgers Allday

      January 30, 2015 at 8:08 am

      • I understand the whole poetic justice thing, and Seiser may well be a badge-heavy jerk, whose chickens came home to roost, for all I know, but I pray that Seiser appeals to the SCOTUS and wins. Because, if he doesn’t, every abusive department & court in the country will be able to point to Seiser’s case as court precedent for prosecuting whoever they want, based on whatever worthless excuse for evidence they can gin up! If even the high courts can’t be trusted to uphold the most basic of protections against government tyranny, we’ve got some serious trouble ahead!

        Officer Friendly

        January 31, 2015 at 5:19 am

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