Police, The Fourth Amendment, Qualified Immunity

When a person dies and a policeman shows up to seize the deceased’s prescription medicine

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Case: Mahaffey v. CITY OF VERNAL, Dist. Court, D. Utah 2014

Facts: In some places, when a person dies, police will show up right away to seize the deceased’s prescription medicine. That is exactly what happened in this case. An elderly woman died, and her elderly husband sued police because they allegedly came in and seized the prescription medicine. The police claim that the elderly man gave consent and did not object to the taking of the prescription medicines while it was occurring.

Decision: No qi for the police. If a jury decides that there wasn’t consent, then there is liability against the police officers who came in the house and took the left-over medicines.

Written by Burgers Allday

January 2, 2015 at 2:04 pm

Posted in Uncategorized

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