Is it a violation of the Fourth Amendment to detain a suspect for exercising his First Amendment right?
MultiRegion, United States of America
The following excerpt is from Sharp v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017):
Holding a suspect in custody for exercising his First Amendment rights is an obvious violation of the Fourth Amendment. Indeed, case law in our circuit compels this conclusion. In Duran v. City of Douglas, Ariz. , an officer detained the defendant for "making obscene gestures toward [the officer] and yelling profanities." Duran v. City of Douglas, Ariz. , 904 F.2d 1372, 1377 (9th Cir. 1990). The Duran court held that,
[871 F.3d 925]
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