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Order of sale was equivalent of search warrant for Leon purposes

By John Wesley Hall, Jr.

Entry under judicial order of sale was tantamount to a search warrant and was protected by the good faith exception. United States v. Maassen, 2008 U.S. Dist. LEXIS 11093 (N.D. Iowa February 14, 2008). Officers were entitled to qualified immunity for plaintiff's decedent's shooting death because it appeared justified. Ingle v. Yelton, 2008 U.S. App. LEXIS 3184 (4th Cir. February 14, 2008)* (unpublished). In a deadly force case, there was a dispute as to whether plaintiff's vehicle was driving at or away from the officer when fired at, so summary judgment denied. Lytle v. Bexar County, 2008 U.S. Dist. LEXIS 11086 (W.D. Tex. February 14, 2008).* If plaintiff's complaint is read to mean that he should not have been handcuffed when transported from a mental health facility to a jail, he loses...continue to full post

Full post as published by Fourth Amendment on February 16, 2008 (boomark / email).