The Search & Seizure Show

What happens if police officers lose qualified immunity?


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Alright, guys, today's questions is so important. It's important to every single officer watching my videos and those that watch my videos. It is what happens if we lose qualified immunity? Right? It's on your mind. I know it is. And if you've already lost qualified immunity in some of the states like Colorado and so forth in New York, New Mexico, right, then what does that mean? Okay, well, first of all, let's get down to it. What is qualified immunity qualified immunity is a judicially created doctrine that protects officers from lawsuits when the issue is not clearly established under the law. In other words, officers oftentime make decisions in the field, constitutional decisions that are not quite black and white, you know that the US Supreme Court has not addressed it, their Circuit Court has not addressed it, their state Supreme Court has not addressed this issue. So what is what are they supposed to do? Say, timeout? Suspect? Look, I'm going to timeout for a second. I'm going to go seek judicial approval. But what I'm going to do, and I'll be back, no, they can't do a timeout. So qualified immunity is there to protect officers except the blainley. Incompetent from lawsuits against for situations that are not clearly established under the law? In summary, to qualify for qualified immunity, right, to get to be immune from a lawsuit. The qualifications are this, number one, did you even violate the constitution? That's one question that the courts can ask and answer, right. Um, maybe they say, Look, I know, it's unclear that this officer, you know, but we actually find that the officer did the right thing. So, boom, we don't need qualified immunity, the officer actually was constitutional. But even if the court found that the officer was conducting or doing something that was unconstitutional, right, the next question is, alright, was the law clearly established at the time because, again, if the laws not clearly established, then it's not fair to hold the officer liable for money damages, when it's not even clear that they would have violated at the time of the act. So clearly established law comes from again, the US Supreme Court, and your circuit court, and your state Supreme Court. So for example, if you're in Texas, and you do something, right, and the Illinois State Supreme Court has found that what you did violates the Constitution, does that apply to you know, that is persuasive, not binding on my Texas officers, so that is not going to eliminate qualified immunity for Texas cops, right?..

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The Search & Seizure ShowBy Anthony Bandiero

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