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.

>>microt+YN
They even went so far as to falsify an inventory. Why would they go to that trouble if they believed their conduct was lawful? In my view this supports an allegation of wrongdoing.