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DEMAREST v. CITY OF VALLEJO, CALIFORNIA

No. 20-15872.

44 F.4th 1209 (2022)

David P. DEMAREST, Plaintiff-Appellant, v. CITY OF VALLEJO, CALIFORNIA, a municipality and charter city; Jodi Brown, Police Officer, as an individual and in official capacity; Jeff Tai, Police Officer, as an individual and in official capacity; Herman Robinson, Police Officer, as an individual and in official capacity, Defendants-Appellees, and Joseph Kreins, Former Police Chief, as an individual and in official capacity; Andrew Bidou, Police Chief, in official capacity, Defendants.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 13, 2021 San Francisco, California.

Attorney(s) appearing for the Case

David M. Helbraun (argued), Helbraun Law Firm, San Francisco, California, for Plaintiff-Appellant.

Katelyn M. Knight (argued), Assistant City Attorney; Randy J. Risner , Interim City Attorney; Office of the City Attorney, Vallejo, California; for Defendants-Appellees.

Sean Riordan , American Civil Liberties Union Foundation of Northern California, San Francisco, California, for Amicus Curiae American Civil Liberties Union Foundation of Northern California.

Before: J. Clifford Wallace, Jacqueline Nguyen, and Daniel P. Collins, Circuit Judges.

OPINION

While visiting California from Vermont, David Demarest was asked to produce his driver's license when he pulled up in his rental car to a sobriety checkpoint in the City of Vallejo. Demarest believed that such a request violated his Fourth Amendment rights, and on that express basis he declined an officer...

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