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sbuttgereit 4 hours ago

> Cops can still be prosecuted for behavior that is a constitutional violation and outside the scope of what a normal cop would consider reasonable.

[edit: I didn't correctly read the comment I was replying to, which was talking about prosecutions, not civil suits. But I do believe that qualified immunity is still largely an issue with Flock, so I'm not retracting the comment entirely.]

So long as there is already an established legal precedent for the rather specific circumstances at stake, then yes, that's true. But that has to be demonstrated in pre-trial motions because the default is qualified immunity is grounds for dismissal of the case prior to any judgement on the facts absent such a clear cut applicability of precedence. Sure, you could appeal the dismissals... but that's quite a barrier and burden just to get to having a case heard let alone then having to try the case in question.

Consider this quote from the 9th District Court of Appeals' opinion on a qualified immunity appeal:

"The panel held that at the time of the incident, there was no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property seized pursuant to a warrant. For that reason, the City Officers were entitled to qualified immunity. The panel reasoned that although the decision in Brewster v. Beck, 859 F.3d 1194 (9th Cir. 2017) was instructive on the question of whether the theft of property covered by the terms of a search warrant, and seized pursuant to the warrant, violates the Fourth Amendment, Brewster’s facts varied in legally significant ways from those in this case. Moreover, the panel noted that the City Officers seized Appellants’ property in 2013, prior to the Brewster decision in 2017. The panel held that although the City Officers ought to have recognized that the alleged theft was morally wrong, they did not have clear notice that it violated the Fourth Amendment. The panel further held that the Fourth Circuit’s unpublished decision in Mom’s Inc. v. Willman, 109 F. App’x 629, 636– 37 (4th Cir. 2004)—the only case law that the time of the incident holding that the theft of property pursuant to a warrant violates the Fourth Amendment—did not put the “constitutional question beyond debate.”"

https://cdn.ca9.uscourts.gov/datastore/opinions/2019/09/04/1...

Given that Flock cameras and the associated search technologies raise novel legal circumstances, qualified immunity is a real concern here.