![]() ![]() Ciaramella, "allows public officials to violate a constitutional right" so long as that right has not been "clearly established" by current case law. Both men contend that the officers pocketed the difference between the funds reported with the warrant and the total amount they took, amounting to a $226,380 theft.Įven so, the panel granted qualified immunity-a legal doctrine that, in the words of Reason's C.J. (Neither man was ever charged.) Upon completing the search, officers provided both with a ledger maintaining that they'd seized $50,000 Jessop and Ashjian allege that, in reality, the cops made off with $151,380 in cash and $125,000 in rare coins. ![]() In 2013, the Fresno Police Department carried out a raid on Micah Jessop and Brittan Ashjian, who were suspected of operating illegal gambling machines. While the unanimous panel acknowledged that "the City Officers ought to have recognized that the alleged theft was morally wrong," it concluded that they "did not have clear notice that it violated the Fourth Amendment." In other words, the cops weren't equipped with enough information to deduce that robbing people is a violation of their constitutional rights against unreasonable searches and seizures-a bizarre interpretation of the law, to say the least. Ninth Circuit Court of Appeals has ruled that Fresno police officers accused of stealing more than $225,000 while executing a search warrant are protected by qualified immunity and thus cannot be sued over the incident. ![]()
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