Carter v. City of Milwaukee

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 13-2187
Decision Date: 
February 19, 2014
Federal District: 
E.D. Wisc.
Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants violated plaintiff-police officers’ 4th Amendment rights by illegally seizing and searching them after resident in home that plaintiffs were searching accused plaintiffs and others of stealing $1,750 while searching said home. Reasonable person in plaintiffs position would not have feared arrest or detention if they had refused defendants’ request to search for said money. Fact that plaintiffs agreed to search only because they had immediate need to use restroom and could not do so until they had been searched did not mean that they were “seized” for purposes of 4th Amendment claim.