191054P.pdf   12/18/2020  Timothy Cronin  v.  Chris Peterson
   U.S. Court of Appeals Case No:  19-1054
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Wollman, Author, with Kelly and Stras, Circuit Judges] 
   Civil case - Civil rights. In action alleging police officer had 
   unlawfully detained plaintiff, that a police captain and a legal advisor 
   had omitted material facts from a warrant application and that another 
   officer had searched plaintiff's wife's car without a warrant, all in 
   violation of plaintiff's civil rights, the district court granted the 
   defendants summary judgment. Held: the facts, as alleged in plaintiff's 
   complaint did not establish that defendant police sergeant Kopeke lacked 
   sufficient reasonable and articulable suspicion that plaintiff might be 
   involved in criminal activity, and plaintiff's initial detention was not 
   unconstitutional and Koepke was entitled to qualified immunity; the length 
   of plaintiff's detention was not unreasonable under the circumstances and 
   Koepke was entitled to qualified immunity on plaintiff's claim that the 
   length of the detention turned into an unconstitutional de facto arrest; 
   the inclusion of facts plaintiff claims were improperly omitted from the 
   warrant applications would not have negated the existence of probable 
   cause for the issuance of the search warrants; subsequent warrant and 
   warrant extension affidavits established probable cause to search 
   defendant's phone for incriminating texts and voice mails, and the 
   material plaintiff asserts was improperly omitted would not have negated 
   the existence of probable cause; search of plaintiff's wife's car, which 
   had been omitted from the warrant application, was authorized under the 
   automobile exception to the warrant requirement, and the officer who 
   conducted the search was entitled to qualified immunity on plaintiff's 
   unlawful warrant-execution claim.