zlacker

>>mnm1+(OP)
Just so we know what we're talking about, here is a description of the 13 Qualified Immunity cases that may get to the Supreme Court soon.

https://www.cato.org/blog/may-15th-supreme-court-will-finall...

Sample:

Jessop v. City of Fresno. In this case, the Ninth Circuit granted immunity to police officers who stole over $225,000 in cash and rare coins in the course of executing a search warrant. The court noted that while “the theft [of] personal property by police officers sworn to uphold the law” may be “morally wrong,” the officers could not be sued for the theft because the Ninth Circuit had never issued a decision specifically involving the question of “whether the theft of property covered by the terms of a search warrant, and seized pursuant to that warrant, violates the Fourth Amendment.”

>>Burnin+2v
I don't get the logic. When executing a warrent is the 4th amendment the only law that must be followed? If I murder someone while executing a warrent, is it unclear whether I broke the law, because the court has never declared that murder violates the 4th amendment?

>>Button+dx
The theory is that the coins were legally seized, then illegally stolen by the police officer. So the crime is theft (and various other things relating to a police officer stealing from "the system", like abuse of office), but not an illegal seizure.

>>gowld+Vz
Ah but if the defendant is later found innocent or charges dropped, who is sued to recover the property? The police officer or the department. Presumably the department because deeper pockets etc.

>>antish+5C
But from what I understand the department doesn't have the allegedly stolen property - the officers themselves do. Which is why the (innocent, I might add) individuals are left without recourse for action undertaken by government agents.

>>elliek+fD
Certainly in many other contexts, the parent organization has been found responsible for negligent or illegal behavior by their employee for civil damages. That's one of the reasons for drug testing and background checks.