9th Circuit Rules Police Can Be Sued for Search Despite Trespass

Lawyers USAApril 05, 2010

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Summary


Police officers can be sued under [section]1983 for an unlawful search incident to an arrest even though the actual arrest for trespassing was lawful, the 9th Circuit has ruled.

The plaintiff was arrested inside the gate of a cooperative which had a "no trespassing" sign. He claimed to be waiting for a friend who lived there, but police claimed when they asked what he was doing he said that he was "just chilling."

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Extract


9th Circuit Rules Police Can Be Sued for Search Despite Trespass

He was arrested, patted down and then taken to the station, where he cl...

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