Judges and Judiciary
Feb. 10, 2007
When Law Enforcement Officers Make Honest Mistakes
FORUM COLUMN - By Scott Wm. Davenport - The 9th Circuit is divided on whether the police violated the Constitution detaining a home's occupants during a search. So why would the court hold that the officers should have known their conduct was improper? An appellate lawyer who represents the officers has some opinions.
By Scott Wm. Davenport
In the seminal case of Saucier v. Katz, 533 U.S. 194 (2001), the U.S. Supreme Court re-affirmed the notion that law enforcement officers who make an honest mistake while working to protect the citizenry are entitled to qualified immunity.
In so doing, the high court reasoned that an officer is entitled to immunity unless the court can de...
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