The due process rights of an officer placed on a Brady list are unclear
Prosecutor Strays Outside of Brady/Giglio Lane
read more
Citywide Aerial Surveillance Program Upheld
The court predicated its analysis on the Fourth Amendment balancing test
Strip Search During Drug Booking Ruled Reasonable
The court held there was ample reasonable suspicion to conduct the visual body cavity search
Qualified Immunity for Strip Search of Prison Visitor
Numerous courts have held a strip search of a prison visitor is allowed only if it can be justified by a legitimate security concern
Too Close for Safety: Qualified Immunity Granted Within Zone of Imminent Danger
Qualified immunity is proper when the court resolves one of two factors in favor of the defendant officer
Confidential Informant Was Reliable: Stop and Search Upheld
The appellate court held “this tableau is redolent of probable cause.”
Second Shot After Clearing Weapon Leads to Liability
The appellate court held the officer was not entitled to qualified immunity
“Grossly Disproportionate Force” Precludes Qualified Immunity
“The grossly disproportionate force used in this case was clearly established as a constitutional violation”
Shooting of Family Dog During Warrant Execution Ruled Reasonable
The court must balance the officer’s safety interests against the pet owner’s possessory interests
Illegal Search Produced Viable Evidence Because Security Guard Wasn’t a Government Actor
Because the guard was not a government actor, the court ruled the Fourth Amendment did not apply to the detention and search
Terry Frisk Requires Reasonable Suspicion of Dangerous Item
The “Terry frisk” doctrine is a very limited and narrow exception to the Fourth Amendment warrant requirement
Court Discusses Duty to Intervene in Alleged Excessive Force
An agency must have policy and training on the duty to intervene