Police, The Fourth Amendment, Qualified Immunity

Burgers Allday

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Note: Citations and footnotes are generally omitted from case quotes. Also, case quotes may hve different paragraph breaks relative to the location of paragraph breaks in the case being quoted.

I am Burgers Allday and this is my blog.

This blog is dedicated to civil cases that involve the police and the Fourth Amendment to the U.S. Constitution. The Fourth Amendment deals with rights to be free from unreasonable searches and seizure. The rub usually comes in trying to decide what would have been reasoanble in the police officer’s proverbial shoes.

Many Fourth Amendment cases, involving the police, arise in the criminal context, such as suppression of evidence proceedings under the Exclusionary Rule. This blog is not about those criminal cases, but rather about civil cases where a person has sued the police, claiming that her Fourth Amendment (4A) rights were violated. These civil 4A cases almost always involve the legal doctrine of qualified immunity (QI).

The reason this blog has been started is to cover this police-related, 4A, QI niche. The author believes that these cases best represent the current status of effective 4A rights for innocent people. This is to be contrasted with 4A criminal cases, which generally deal with 4A rights of the guilty, or at least the seemingly-guilty. The author further believes that 4A rights for the innocent are the most important 4A rights of all.

Your correspondent,

Burgers Allday

Written by Burgers Allday

August 31, 2011 at 11:51 am

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