BRANDON PEGG v. GRANT HERRNBERGER
US Court of Appeals for the Fourth Circuit, Agee, Jan. 4, 2017,
Qualified Immunity- Arrest – An officer who makes a legal arrest for a minor traffic infraction is covered by qualified immunity even if the maximum punishment for the traffic infraction is only a fine.
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Lauren Graham v. C. Gagnon; Jannie Clipp
US Court of Appeals for the Fourth Circuit, Floyd, July 27, 2016,
Qualified Immunity – Obtaining an arrest warrant does not relieve officer of liability where obtaining the warrant was unreasonable
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UTAH v. EDWARD JOSEPH STRIEFF, JR.
Supreme Court of the United States, Thomas, June 20, 2016,
Search – Exclusionary Rule – Evidence recovered from a suspect search incident to a valid arrest warrant need not be excluded even where the initial detention lacked reasonable suspicion
(Dissent – Sotomayor joined by Ginsburg for parts I-III – Starts by misstating the Court’s holding, then provides legitimate points related to a constitutional violation providing the basis for a constitutional search, then on her own discusses racial impact of unconstitutional policing)
(Dissent – Kagan with Ginsburg – Discovery of an arrest warrant after an unconstitutional stop is not an “intervening circumstance,” it is a product of the unconstitutional stop)
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STATE OF MARYLAND, ET AL. v. VADIM ROSHCHIN, ET AL.
Court of Appeals, McDonald, Filed Jan. 26, 2016,
Arrest – TR 5-1104 – The “right” to receive a citation for a misdemeanor under TR 5-1104 “has no bearing” on whether an officer may legally make an arrest instead of or in conjunction with issuance of a citation.
Reversing the CoSA opinion
(Dissent by Adkins – agrees with the CoSA that the arrest was not valid)
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