Clark v. Clark

If a police officer questioned you and then left to investigate a building, you might think you were free to drive away. If that police officer then followed you on the highway for 19 miles, you might turn on your hazards and pull over. And if you feared for your life because you’re black and the officer knows you have a concealed weapons permit, you might put your hands outside the driver’s side window. Eighth Circuit: While that behavior is entirely consistent with wanting to avoid being shot, it’s also “unusual and may be indicative of guilty conduct.” Qualified immunity for the officer, who ordered plaintiff out of his car at gunpoint. Concurrence: Sounds like a Fourth Amendment violation but not a clearly established one. So, yeah, qualified immunity.

Tags: 2019, Eighth Circuit, Firearms, Fourth Amendment, Police, Qualified Immunity

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