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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