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
I don't think that explanation is accurate, see https://law.justia.com/cases/federal/appellate-courts/ca9/17...:

> Following the search, the City Officers gave Appellants an inventory sheet stating that they seized approximately $50,000 from Appellants’ properties. Appellants alleged, however, that the officers actually seized $151,380 in cash and another $125,000 in rare coins.

If the receipt was fraudulent, as is alleged here, I don't see how the seizure could be legal.