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In Martinez-Rodriguez v. Guevara, No. 08-1086, the First Circuit faced a Fourth Amendment violation claim against several DEA agents by an acquitted police officer, arising from his grand jury indictment and arrest for drug trafficking.
As stated in the decision: "The undisputed facts establish that: (1) Martinez-Rodriguez attended the May 14th meeting Lopez-Lopez, an individual who was under investigation for drug trafficking; (2) the purpose of the meeting was to discuss future drug transaction;...(5) at least during some part of the two and a half hours in which Hernandez, Lopez-Lopez, and Gonzalez discussed future drug transaction, Martinez-Rodriguez was seated at a table in close proximity to where the three men were seated."
In affirming the decision of the district court, the court held that, absent evidence to support a claim that no reasonable officer in defendants' position would have believed that Martinez-Rodriguez acted as a bodyguard and was involved in the drug conspiracy, the defendants are entitled to qualified immunity.
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