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Criminal Law

: Fourth Amendment

Officer putting foot in door and grabbing plaintiff's arm to keep door from shutting violated plaintiff's Fourth Amendment rights

By John Wesley Hall, Jr.

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Officer put foot in door and grabbed plaintiff's arm to keep door from shutting. This violated the plaintiff's Fourth Amendment rights in the security of his home, but the officer was entitled to qualified immunity because of a conflict in the circuits. Hameline v. Wright, 2008 U.S. Dist. LEXIS 49643 (W.D. Mich. June 30, 2008).* Stop for a cracked windshield led to a warning ticket, and the officer's suspicions were aroused. The officer told defendant he was free to leave and returned all the papers, and the defendant started to walk back to his car. The officer asked if he could ask some questions, and the defendant consented. The officer asked about searching for drugs, and the defendant agreed, signing a consent form. The search was by consent...continue to full post

Full post as published by Fourth Amendment on July 04, 2008 (boomark / email).

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