Braich v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant is entitled to qualified immunity if the alleged constitutional right was not clearly established at the time of the alleged violation
• “In determining whether a defendant’s al- leged actions violated a clearly established right, courts may properly take into account any information the defendant ought reasonably to have obtained.”
• Fourth Amendment violated when officer knew the warrant did not particularly describe the dwelling to be searched “but failed to immediately stop execution and seek the necessary clarification.”
• warrant for home was valid when issued despite lacking name of occupants and specific apartment number, but invalid as executed because officer knew of ambiguity in the number of apartments on the level to be searched

Source: CourtListener parenthetical corpus (CC0).