Morgan v. Fairfield County 6th CIR (6SEP2018)

Morgan v. Fairfield County 6th CIR (6SEP2018)

This is a peculiar case that deserves a mention in this week’s edition of the LEA ONE FLASH.  Apparently the Sherriff’s Department had a policy that allowed for a warrantless intrusion into the curtilage in a manner that violated the Fourth Amendment.  This is a good example of how policy can only be more restrictive on law enforcement but never less restrictive than the US Constitution.  The officers, acting under policy, violated the Fourth Amendment rights of the plaintiff.  Nevertheless, the court granted qualified immunity because the right was not clearly established when the act took place.

To read or download the full decision CLICK HERE