· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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