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CA10: ?[T]here [is] no clearly established law holding that a theft of money during the execution of a valid search warrant violates the Fourth Amendment?

By John Wesley Hall, Jr.

Plaintiff claimed that IRS agents executing search warrant stole $2,000 from him between the seizure and turning it in. However, “there was no clearly established law holding that a theft of money during the execution of a valid search warrant violates the Fourth Amendment.” Springer v. Albin, 2010 U.S. App. LEXIS 24153 (10th Cir. October 15, 2010)*: We conclude that there was no clearly established law holding that a theft of money during the execution of a valid search warrant violates the Fourth Amendment. “The relevant dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was lawful in the situation he confronted.” Saucier v...continue to full post

Full post as published by Fourth Amendment on November 26, 2010 (boomark / email).