Alexander v. Arceneaux

── Alexander v. Arceneaux ── Court: Court of Appeals for the Fifth Circuit Date: April 13, 2026 Category: Prisoner w/ Counsel Case: 25-30016 Document: 52-1 Page: 1 Date Filed: 04/13/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 13, 2026 No. 25-30016 Lyle W. Cayce ____________ Clerk Albert K. Alexander, Plaintiff—Appellant, versus Dwayne Arceneaux; Jeff Hebert; Calvin Parker; Kyle P. Manceaux; Greg Cormier; Jarvis Mayfield; James Craft; Kristina Bernard Strong, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:11-CV-1749 ______________________________ Before Clement, Douglas, and Ramirez, Circuit Judges. Edith Brown Clement, Circuit Judge: Police had a warrant to search Albert Alexander’s residence for firearms, but when they executed the warrant, they found pellet rifles instead. While they were searching the house, the officers noticed electronics and appliances that were either brand new in unopened boxes, wrapped in plastic, covered in pillowcases, or sitting on blankets. The officers had previously received tips that Alexander kept stolen electronics at his house, and the Case: 25-30016 Document: 52-1 Page: 2 Date Filed: 04/13/2026 No. 25-30016 officers’ observations on the scene corroborated these reports. So, the officers seized the goods, suspecting that they were stolen contraband. Alexander brought a § 1983 suit against the officers, alleging that they violated the Fourth Amendment by seizing items that were not listed in the search warrant. The district court granted summary judgment to the officers, concluding that they are entitled to qualified immunity because the seizure was justified under the “plain view” doctrine. We AFFIRM: Based on the tips the officers received, their observations on the scene, and their prior experience, the officers had probable cause to believe that the items were stolen, so they constitutionally seized them under the plain view doctrine. I On December 29, 2010, officers with the Lafayette Police Department responded to a call from Sharlette Alexander (“Sharlette”) and her girlfriend, Dashawna Morrison (“Morrison”), about a disturbance that had taken place the day before. The women reported that they had been living with Sharlette’s grandfather, Albert Alexander (“Alexander”), at 212 I-B Street in Lafayette, Louisiana, for several months. Then, after an argument on December 28, Alexander told them to leave, and he attacked them when they exited the house. Five days after the women gave their initial report, Officer Kristina Strong conducted a follow-up interview. During this interview, Sharlette and Morrison both told Officer Strong that Alexander—who had previously been convicted of a felony—owned a firearm and kept it at 212 I-B Street. Morrison reported that the firearm was a brown shotgun and that Alexander kept it behind a china cabinet near the back door. During this follow-up interview, Sharlette and Morrison also told Officer Strong that Alexander kept stolen items in his house. According to the women, these items included electronics and furniture, and Alexander 2 Case: 25-30016 Document: 52-1 Page: 3 Date Filed: 04/13/2026