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Re:New Mexico is the second state to ban qualified immunity by ceejayoz on Thursday April 08, 2021 @08:26AM (#26737852)
It shields them from civil liability for wrongful arrest, as the courts will apparently go "there's no established law that you can't arrest someone for no good reason on Thursday at 9:53pm on Third Street".

We have friendly prosecutors who "could indict a ham sandwich" (https://en.wikipedia.org/wiki/Ham_sandwich#Cultural_impact) mysteriously failing to get an indictment to handle the criminal side of it.

Re:New Mexico is the second state to ban qualified immunity by austincheney on Thursday April 08, 2021 @11:08AM (#26739747)
An indictment is not an arrest. An indictment comes from a district attorney while an arrest comes from police. The two don't even have to be associated with each other as a person can be indicted before they are arrested, or vise versa.

An indictment is a motion to proceed to trial, and often doesn't even require the availability or presence of the person. An arrest is a detention of a person to police custody.

Re:New Mexico is the second state to ban qualified immunity by ceejayoz on Thursday April 08, 2021 @11:29AM (#26740015)
The point: there aren't gonna be criminal consequences for a bad cop who made a wrongful arrest if it never goes to trial.

QI shields them from civil suits, so they're quite well protected on both fronts.

Re:New Mexico is the second state to ban qualified immunity by austincheney on Thursday April 08, 2021 @04:04PM (#26743110)
Even more to the point is that there is a readily identifiable problem. It is better to put energy towards fixing the problem than apply a really shit work around with horrible second and third order sequences only for the point of doing what you couldn't do the correct way.