Good Faith and the Fourth Amendment Webinar with Anthony Bandiero
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- čas přidán 12. 09. 2024
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Nowadays officers can get warrants online so they can stay on scene
If a state doesn’t recognize the good faith exception can it be invoked for qualified immunity in Federal Court in that circuit?
Absolutely. Good faith applies to every federal lawsuit. The inapplicably of good faith at the state level is really about suppressing evidence.
Just eh careful with relying on the system and what it tells you if the arrestee has some other official document proving that the system is incorrect. There is a second circuit case (I forget the citation) where a man was pulled over and the system showed his license had been suspended (I think in CT). The man produced a letter from the DMV showing his license was reinvoked and that he paid outstanding fines. The officer refused to look at the official document and arrested the man anyway. He successfully sued claiming the “officer was not free to ignore plainly exculpatory evidence” (Kuehl v Burtis) meaning if the officer claimed to rely on DMV databases they would also need to reasonably consider official DMV documents and just relying on the system wasn’t good faith. Not sure if this is applicable in warrants because I don’t think a person can get a document showing his warrant was rescinded but it highlights the totality of the evidence and not to blindly rely on systems if there is other physical exculpatory evidence.
Great advice. And I think the concept is applicable. If the officer if shown paperwork that the warrant was resolved look into. Especially if it was something recent. Thank you!!!