Qualified Immunity from a Warrantless Search-Or the Strange Case of Bates v. Harvey
“J.T.” was a 17 year-old troubled youth who abused alcohol and drugs, as well as other persons. So troubled, in fact, that his parents obtained a civil commitment order for him from the Probate Court of Upson County, Georgia, averring that J.T. “present[ed] a substantial risk of serious harm to himself or others…” Sergeant Walker of the Upson County Sheriff’s Department was taskedwith executing the order. J.T.’s mom gave Sgt. Walker an address in Pike County, Georgia, where J.T. was staying with a friend, and Sgt. Walker enlisted the help of Deputy Harvey of the Pike County Sheriff’s Department to execute the order. Neither Sgt. Walker nor Deputy Harvey possessed a search or arrest warrant.
