police4aqi

Police, The Fourth Amendment, Qualified Immunity

Asleep at the wheel

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Facts and decision:  Naperville, Illinois police officers T.J. Boogerd and Matt Fletcher found plaintiff asleep at 3:30 am behind the wheel of a running automobile in a McDonald’s parking lot on an early morning in May.  They woke him up to see if he was all right, which, all agreed, was within their lawful prerogatives.  After they found out that the plaintiff was all right, the officers proceeded to do a Terry stop.  The court decided that the circumstances did not necessarily rise to “reasonable suspicion,” and, thus, the Terry stop may have been unConstitutional.

Case:  Karney v. City of Naperville, Dist. Court, ND Illinois 2016

Comment:  It is always slightly surprising when a judge holds that there was not (even that there might not have been) “reasonable suspicion.”

Question:  I wonder if the plaintiff was homeless.

Written by Burgers Allday

October 22, 2016 at 8:14 am

Posted in Uncategorized

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