Legal Opinion

Mack v. City of Abilene

Court of Appeals for the Fifth Circuit

Decided August 16, 2006No. 05-10844PublishedCited by 37 opinions

1Per curiam

The focus of this case is whether Appellant Christopher Mack’s Fourth Amendment rights were violated by a series of warrantless vehicle searches. As set out below, we have determined that one of the vehicle, searches was unconstitutional. Re-latedly, we hold that the police officers who conducted that search are not entitled to the defense of qualified immunity. Additionally, we hold that the arrest and apartment search warrant was valid and that Appellant’s arrest therefore was lawful. Finally, we affirm the dismissal of Appellant’s state law claims against the City of Abilene but vacate the…

2Cases cited39 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Terry v. OhioSupreme Court of the United States · 1968
  4. Illinois v. GatesSupreme Court of the United States · 1983
  5. City of Canton v. HarrisSupreme Court of the United States · 1989

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3Cited by37 opinions

  1. Valle v. City of HoustonCourt of Appeals for the Fifth Circuit · 2010
  2. Ronald Curtis v. W. AnthonyCourt of Appeals for the Fifth Circuit · 2013
  3. Hill v. Carroll County, Miss.Court of Appeals for the Fifth Circuit · 2009
  4. State v. HicksSupreme Court of Kansas · 2006
  5. United States v. Banuelos-RomeroCourt of Appeals for the Fifth Circuit · 2010

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