Plaintiff stated a claim for relief for officers’ arrest of her at her car in a parking lot then taking her home handcuffed and searched her house, finding no contraband, and unhandcuffing her and leaving. Butler v. City of Sacramento, 2007 U.S. Dist. LEXIS 60006 (E.D. Cal. August 6, 2007)*:
In the case at bar, plaintiff alleges that the police had no reason to detain her once they completed the search of her car. She alleges that she remained handcuffed and kept in the police car despite the fact that nothing incriminating was found in her car. Although defendants claim that the detention in between the searches was reasonable, the court is adjudicating a motion to dismiss, not a motion for summary judgment. The facts of the allegation are taken as true. See Cruz v. Beto, 405 U.S. 319, 322 (1972). While it may be that the police had legitimate reasons to detain plaintiff, these facts are not contained in the complaint. In determining whether a detention incident to a search was reasonable, the court looks at the totality of the circumstances. Meredith v. Erath, 342 F.3d 1057, 1063 (9th Cir. 2003). At this point, the court does not know all the circumstances surrounding the searches and cannot determine if plaintiff’s detention was “carefully tailored” and the law enforcement interests outweighed the intrusion on plaintiff’s privacy. See Ganwich, 319 F.3d at 1122.
For these reasons, plaintiff has alleged sufficient facts so as to state a claim that defendants violated her Fourth Amendment right to be free from illegal seizure. Although the police found no contraband in plaintiff’s car, they continued to detain her in handcuffs. Once the car search was complete, plaintiff contends that there was no reason to continue the detention. Moreover, she was detained at some distance from her house, which is an increased invasion of plaintiff’s privacy interests. See Hogan, 25 F.3d at 693. These factual allegations are sufficient to state a claim and for this reason, defendants’ motion to dismiss plaintiff’s claim based on the Fourth Amendment is denied.
Plaintiff’s search claims that were five years before the Kentucky statute of limitations were barred. The plaintiff had to know about them. Stewart v. Municipality of Louisville, 2007 U.S. Dist. LEXIS 60118 (W.D. Ky. August 15, 2007).*
Wrongful search and seizure claim of the person states a claim, but an additional state false imprisonment claim is duplicative and dismissed. Armstrong v. Sexson, 2007 U.S. Dist. LEXIS 60023 (E.D. Cal. August 7, 2007).*
Plaintiff stated a privacy interest in his sickle cell trait that was violated by defendant’s disclosure of his medical condition. Fleming v. State Univ. of N.Y., 502 F. Supp. 2d 324 (E.D. N.Y. 2007).*
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"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“I am still learning.” —Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." —Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." —Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." — Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property." —Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." —United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth." —Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." —Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." —Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” —United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.” —United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." —Mick Jagger & Keith Richards, Let it Bleed (album, 1969)
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.” – John le Carré, The Night Manager (1993), line by Richard Roper
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." —Johnson v. United States, 333 U.S. 10, 13-14 (1948)
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
