Wednesday, February 02, 2005
Police officer gets qualified immunity for warrantless search and seizure
In St. Clair v. Town of Rocky Mount, Judge Conrad granted the motions for summary judgment of the individual police officer and the town, in a case where a man claimed that he was the victim of an illegal search and seizure. The plaintiff's girlfriend came to police and said he had verbally abused and pushed and thrown a flower pot at her, and she wanted a police escort to the house to retrieve her things. The police met the plaintiff at the property and handcuffed him for ten minutes while the woman went into the house, to which she had a key, and where she had been living (so far as the police knew).