Qualified Immunity Should Be Granted Cop who Administered Sobriety Test
Amundsen v. Jones, ___F.3d ___, 2008 WL 2737273 (10th Cir. 2008)
Reversal of denial of qualified immunity for cop in § 1983 case. Administration of roadside sobriety and toxicology test did not violate Plaintiff’s constitutional rights (cop stopped Plaintiff for weaving). Under Plaintiff’s version, the facts supported a reasonable suspicion that Plaintiff was intoxicated, prompting admission of the FST. Also, no Fourth Amendment violation when Plaintiff voluntarily agreed to the toxicology test.
Reversal of denial of qualified immunity for cop in § 1983 case. Administration of roadside sobriety and toxicology test did not violate Plaintiff’s constitutional rights (cop stopped Plaintiff for weaving). Under Plaintiff’s version, the facts supported a reasonable suspicion that Plaintiff was intoxicated, prompting admission of the FST. Also, no Fourth Amendment violation when Plaintiff voluntarily agreed to the toxicology test.
posted by Anonymous at 9:38 AM
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