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· 12/22/2011

Jennifer Johnson v. Joe Phillips

Citations

  • 664 F.3d 232
  • 2011 U.S. App. LEXIS 25572
  • 2011 WL 6412448

How courts have described this case

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

  • concluding that, in 2006, no reasonable officer would have believed that probable cause existed to search trunk after valid arrest where officer had no suspicion particular to trunk
  • holding that, even though a building commissioner and Auxiliary Reserve Police Officer” “lacked authority under state law to conduct a traffic stop or arrest, that fact that did not establish that his conduct violated the Fourth Amendment”
  • denying qualified immunity to an officer with “no arguable authority” to conduct a search
  • analyzing a city ordinance to determine whether an Auxiliary Reserve Police Officer had the power -15- to arrest or search incident to arrest and holding that because he did not, he was not entitled to qualified immunity
  • “It was well-known at the time of the incident that an investigatory stop is valid only if police officers have a reasonable and articulable suspicion that criminal activity may be afoot.”
  • “[I]t [is] clearly established in this circuit that the commis- sion of a sexual assault by a government official acting under color of law constitutes a violation of due process that shocks the conscience.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Colloton, Gruender

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.