Emesowum v. Cruz

Houston police receive 911 call about black man breaking into a Toyota Corolla. Officers stop, handcuff (black?) man cleaning the window of his Mercedes-Benz. They search his wallet, run a warrant search, and use his keys to open the car and search it. They release him after about 20 minutes. Did they unlawfully detain or search him? Maybe to both, says the Fifth Circuit. The cops knew shortly after cuffing him that he owned the car and should have released him then. The man’s (pro se) suit can proceed.

Tags: 2018, Fifth Circuit, Police, Search Warrant, Searches and Seizures

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