Court: “Failing to follow prison policy is not a constitutional violation in and of itself”
Court: “Failing to follow prison policy is not a constitutional violation in and of itself”
It was reasonable for officers to believe they would find the evidence in his car
Court: “While probable cause here may be difficult, qualified immunity is not”
The appellate court was free to follow its own directly controlling precedent on the private search doctrine
At the end of the day, the investigators followed the mantra, “Talk nice, think mean”
The court held that the trooper had reasonable suspicion to expand the investigation beyond the initial concern
Could the trooper have conducted the stop in some other way that might have allowed for a lawful detector dog sniff?
A concurring judge expressed great skepticism at the length of the stop
The court opined that the officers created a safety concern while off-mission from the purpose of the original traffic stop
An officer can ask “wholly unrelated” questions while processing a ticket
Whenever possible, remember to talk nice, think mean
One wonders whether Hansen never thought to just sneak it into the neighbor’s trash when no one is looking