CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, October 18, 2010

Today's crim law/procedure cert grant

Issue summary from ScotusBlog, which links to cert papers and the opinion below:

  • Ashcroft v. al-Kidd: (1) Whether a former government official is entitled to absolute immunity from a claim that he used the material witness statute as a “pretext” to preventatively detain terrorism suspects; and (2) whether the former government official is entitled to qualified immunity from the pretext claim based on the conclusions that (a) the Fourth Amendment prohibits an officer from executing a valid material witness warrant with the subjective intent of conducting further investigation or preventively detaining the subject; and (b) this Fourth Amendment rule was clearly established at the time of the respondent’s arrest.

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