Judge rules against Qualified Immunity for police officer who violated man's 4th Amendment rights.

What they assumed was the real possibility that they were confronting a burgler

I can't help that they always see danger around every corner. That's their problem and why the founders made sure our rights were protected.
 
And they can't assume anything and just break into a persons house........as we see here.

Reasonable Suspicion​


Overview​

Reasonable suspicion is a standard used in criminal procedure. Reasonable suspicion is used in determining the legality of a police officer's decision to perform a search.
When an officer stops someone to search the person, courts require that the officer has either a search warrant, probable cause to search, or a reasonable suspicion to search. In descending order of what gives an officer the broadest authority to perform a search, courts have found that the order is search warrant, probable cause, and then reasonable suspicion.



In this situation the officer had probable cause and reasonable suspicion to enter the home and look around for a potential suspect.
 

Reasonable Suspicion​


Overview​

Reasonable suspicion is a standard used in criminal procedure. Reasonable suspicion is used in determining the legality of a police officer's decision to perform a search.
When an officer stops someone to search the person, courts require that the officer has either a search warrant, probable cause to search, or a reasonable suspicion to search. In descending order of what gives an officer the broadest authority to perform a search, courts have found that the order is search warrant, probable cause, and then reasonable suspicion.



The judge ruled otherwise.
 
He should be removed either way. Just another anti-cop leftist making things worse in our country.
Simply not liking a judge because he’s a lib is not a good eough reason

but if we prove he is incompetent then removing him is the obvious thing to do
 
Simply not liking a judge because he’s a lib is not a good eough reason

but if we prove he is incompetent then removing him is the obvious thing to do

It's difficult either way. I would think one would have to prove harmful intent. You would have to prove that the judge knew reasonable suspicion was warranted in a case like this but as a judge, it's his opinion and you can't remove a judge for coming to his own conclusion. That's why we have appeals courts. I didn't look up this clown but if he's an elected official, that would explain it because somebody could make it a race matter even though (according to the OP) the dispatcher never mentioned the suspects race when she relayed the information.
 
It's difficult either way. I would think one would have to prove harmful intent. You would have to prove that the judge knew reasonable suspicion was warranted in a case like this but as a judge, it's his opinion and you can't remove a judge for coming to his own conclusion. That's why we have appeals courts. I didn't look up this clown but if he's an elected official, that would explain it because somebody could make it a race matter even though (according to the OP) the dispatcher never mentioned the suspects race when she relayed the information.
Under the law there is only one right answer

thats what the demigods in black robes keep telling us

if a lower court judge is too stupid to know what the correct answer is without being told then he should not be a judge
 

Forum List

Back
Top