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Constitutional Law,
9th U.S. Circuit Court of Appeals

Oct. 18, 2019

En banc denial leaves immunity for police stealing decision in place

The Thursday denial of a request for rehearing en banc by the 9th U.S. Circuit Court of Appeal confirmed a three-judge panel decision that police officers could not be held liable for stealing assets subject to a search warrant, as long as the theft occurred prior to 2017, even in a case where no criminal charges were filed.

The Thursday denial of a request for rehearing en banc by the 9th U.S. Circuit Court of Appeal confirmed a three-judge panel decision that police officers could not be held liable for stealing assets subject to a search warrant as long as the theft occurred prior to 2017, even in a case where no criminal charges were filed.

"The panel held that at the time of the incident, there was no clearly established law holding that officers...

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