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CA9: Arrest in a purely civil dispute is settled law and there is no qualified immunity

By John Wesley Hall, Jr.

Under plaintiffs' allegations, the defendant officers were dealing with a property dispute and not a situation of true exigency like a burglary report. The record also showed that the complainant was a "friend of the police." Gallagher v. City of Winlock, 2008 U.S. App. LEXIS 15214 (9th Cir. July 16, 2008) (unpublished).* Informant's information was corroborated as in Gates, so there was probable cause for the stop and search. United States v. McBurney, 2008 U.S. Dist. LEXIS 54230 (D. Minn. February 15, 2008).* Officer's independently had reasonable suspicion for a stop of defendant's vehicle, so the prior illegal search of his house was not the but for cause of the stop of the car. United States v. Li, 2008 U.S. Dist. LEXIS 54501 (D. Colo...continue to full post

Full post as published by Fourth Amendment on July 22, 2008 (boomark / email).