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Evanson v. Reedy

Certiorari Denied

Petition for certiorari denied on February 28, 2011.

Docket No.10-701
Op. Below3d Cir.

Issue

1) What standard should be used to determine the existence of probable cause in, and the availability of qualified immunity for, an arrest warrant under the Fourth Amendment; (2) whether qualified immunity should be restricted primarily to situations requiring split-second decisions and denied for a mistaken arrest when there was an objectively reasonable basis for the arresting officer to believe that probable cause existed under the Fourth Amendment to make the arrest; and (3) whether a police officer, who reasonably suspects a complainant's criminal behavior, credibility, and recent drug use, violates the Fourth Amendment by requesting a hospital to test for drug use the blood sample that the complainant voluntarily provided to the police as part of a rape kit.

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