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· 9/30/1992

Thomas Mahoney v. Russell Kesery

Citations

  • 976 F.2d 1054
  • 1992 U.S. App. LEXIS 24344
  • 1992 WL 240974

How courts have described this case

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

  • suggesting that a required court appearance could be characterized as a constitutional tort only when combined with “traumatic” or “dramatic” acts like being subjected to a search, handcuffing, fingerprint- ing, or being photographed
  • declining to decide whether view of en banc Ninth Circuit in Cooper \is sound\
  • \Fifth Amendment does not forbid the forcible extraction of information but only the use of information so extracted as evidence in a criminal case\ (citation omitted)
  • “ Fifth Amendment does not forbid the forcible extraction of information but only the use of information so extracted as evidence in a criminal case” (cita­ tion omitted)
  • “[I]f a reasonable officer would not have believed the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity.”
  • “[P]robable cause depends not on the facts as an omniscient observer would perceive them but on the facts as they would have appeared to a reasonable person in the position of the arresting officer—seeing what he saw, hearing what he heard.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Posner, Will

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.