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CASE ENTRY

Brennan v. Dawson

Everyone agrees Clare County, Mich. officer violated the Fourth Amendment by lingering, for 90 minutes, in and around the curtilage of man’s house to give him a random breathalyzer test. (Such tests are condition of his probation. He eventually blows zeros.) Sixth Circuit: Qualified immunity means “even actions that violate the Constitution do not lead to liability,” and our own cases were unclear whether this was allowed at that time. Dissent: Our cases conflicted with Supreme Court precedent at the time, so not unclear at all.


Tags: 2018, Fourth Amendment, Police, Qualified Immunity, Sixth Circuit

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