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CA11: Winning state search claim in criminal case did not guarantee § 1983 case; officer had qualified immunity

By John Wesley Hall, Jr.

The fact that the state supreme court reversed and suppressed plaintiff's conviction did not mean that he would prevail on his claim. At the time of the search the law was not clear, and the officer was entitled to qualified immunity. Battle v. Webb, 2008 U.S. App. LEXIS 22823 (11th Cir. October 31, 2008) (unpublished). Officer's smelling marijuana and seeing defendant concealing something (that turned out to be a handgun) justified a search of the car. United States v. Hamilton, 2008 U.S. App. LEXIS 22842 (11th Cir. November 5, 2008) (unpublished).* Loud car stereo justified stop under city ordinance, and a dog sniff during the incidents of writing a ticket was permissible. Pillow v. City of Lawrenceburg, 2008 U.S. App. LEXIS 22737, 2008 FED App...continue to full post

Full post as published by Fourth Amendment on November 10, 2008 (boomark / email).