Posted On: January 11, 2008
CALIFORNIA FEDERAL COURT NEWS: DETENTION DURING EXECUTION OF BAD WARRANT IS BAD
A police detention during the execution of a valid warrant is permissible under Summers and Muehler, but detention during execution of an invalid warrant may not be, so summary judgment is denied.
Olson v. Oreck, 2008 U.S. Dist. LEXIS 2786 (E.D. Cal. January 11, 2008).
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