This month, we discuss Harris v. O’Hare,1 in which the U.S. Court of Appeals for the Second Circuit, in a decision written by Judge Rosemary S. Pooler and joined by Judge Barrington D. Parker and Judge Richard C. Wesley, held that the evidence presented at trial did not support application of the exigent circumstances exception to the Fourth Amendment and that defendants were not entitled to qualified immunity. Accordingly, the court reversed the district court judgment and remanded the case for a trial on damages and other proceedings consistent with its opinion.
Background
On Dec. 20, 2006, City of Hartford police officers O’Hara and Laureano were on patrol in the vicinity of plaintiffs’ home. While on patrol, they saw a recently paroled, high-ranking gang member, George Hemingway, drop what appeared to be “little plastic sleeves,” which the officers suspected to contain illegal drugs.2 The officers placed Hemingway under arrest and put him in their patrol car. While in the patrol car with officer Laureano, Hemingway told the officer that “he could get [them] some guns” with the hope that his cooperation would provide some “consideration” from the prosecutors for the impending drug charges.3
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
