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> My understanding was that if any court had litigated the issue at all, then the QI drops away. I'm not sure why this would be so given the way precedent work
by __derek__ 4y ago
> My understanding was that if any court had litigated the issue at all, then the QI drops away.
I'm not sure why this would be so given the way precedent works in US courts: since SCOTUS denied cert in this case, none of this applies outside the Sixth Circuit. Even within the Sixth Circuit, it's not clear that the same set of facts should pierce QI as long as the PC can be reasonably justified, an area where courts give police extremely broad latitude.