5th Circuit Says Louisiana Officers Can't Hide Behind Qualified Immunity After Bogus Stop

In June 2022, Mario Rosales was pulled over in Alexandria, Louisiana, after officers claimed he failed to signal a turn, a claim contradicted by dash-cam footage showing his turn signal was active. Officers Samuel Terrell and Jim Lewis detained Rosales and his passenger Gracie Lasyone for 21 minutes, questioning them about drugs, weapons, and personal history, and conducting a frisk and a pocket search despite lacking reasonable suspicion.

The plaintiffs sued, asserting Fourth Amendment violations, and the district judge denied the officers’ qualified-immunity defense. The 5th Circuit unanimously upheld that decision, stating the alleged fabricated traffic violation and the subsequent searches were not clearly established as lawful. The court cited precedents such as Terry v. Ohio and United States v. Wilson to underline that mere “baggy clothing” or a firearm in a bag does not justify a pat-down.

Although the appellate ruling does not resolve the case, it clears the way for the lawsuit to move forward. Legal analyst Marie Miller highlighted the decision as a rare instance of qualified-immunity being denied at this stage.