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CA9: Look for parolee did not permit opening drawers

By John Wesley Hall, Jr.

Officer had the authority to look for a parolee, but his opening a drawer violated the Fourth Amendment and was not subject to qualified immunity(although the damages likely won't be much). Cuevas v. De Roco, 2008 U.S. App. LEXIS 13570 (9th Cir. June 27, 2008). While the area could be characterized as "high crime," nothing else supported reasonable suspicion. "We conclude that beyond the character of the neighborhood, the observations in this case are too minimal to support a reasonable suspicion and the balance tilts in favor of the individual's right to personal security and freedom from arbitrary detention." The fact defendant was handcuffed at gunpoint was not an arrest. He was arrested after drugs were found. People v. Leggions, 2008 Ill...continue to full post

Full post as published by Fourth Amendment on June 30, 2008 (boomark / email).