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Criminal Law

: Fourth Amendment

CA9: Detention of "material witness" was unreasonable because it was investigatory; no qualified immunity

By John Wesley Hall, Jr.

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Plaintiff's arrest and detention and strip searches as a "material witness" when he was to fly round trip to Saudi Arabia stated a claim and the Attorney General who authorized it only had qualified immunity. The AG does not get absolute immunity because this was an investigative function by the government's public admissions. (Plus, plaintiff was never called as a witness in any case.) Al-Kidd v. Ashcroft, 2009 U.S. App. LEXIS 20000 (9th Cir. September 4, 2009) (2-1): According to the allegations of his first amended complaint, Plaintiff-Appellee Abdullah al-Kidd (al-Kidd), a United States citizen and a married man with two children, was arrested at a Dulles International Airport ticket counter. He was handcuffed, taken to the airport's police substation, and interrogated...continue to full post

Full post as published by Fourth Amendment on September 08, 2009 (boomark / email).

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