Gregory T. Christian v. K. A. Payne, et al.

Petitioner was searched twice by Respondent police at a yard sale. The first search was ostensibly for weapons, and the second search was for a ring which the operator of the yard sale claimed Petitioner had stolen from her. Both searches were fruitless. Petitioner filed suit under 42 U.S.C. §1983 for violation of 4' Amendment guarantee against warrantless search. The district court granted summary judgment on grounds the weapon search was generally justified and Respondents deserved qualified immunity for second search based on belief Petitioner voluntarily consented. The appeals court held the weapon search justified on grounds of unrequested production of identification, and concurred in the district court finding of qualified immunity. The questions presented are: whether producing identification without being requested to justifies search for weapons several minutes later; whether overt submission to and facilitation of search establishes police belief that submission was not a result of immediately preceding fraud and coercion engaged in explicitly for such purpose; whether systemic suppression of audio evidence is sufficiently improper to warrant remand.