An interesting and straight-forward application of the alleged violation of the “clearly established law” prong of 2254(d) and a state court’s resolution of a search claim is Horst v. Roy, 2019 U.S. Dist. LEXIS 11806 (D. Minn. Jan. 25, 2019). The state court’s resolution of the Fourth Amendment claim was not unreasonable such that fairminded jurists could disagree. In addition, application of Stone v. Powell is not discretionary with a federal court in reviewing a state court’s Fourth Amendment holding:
In any event, the question for this Court is not whether the decision of the Minnesota Supreme Court to analyze Horst’s constitutional claim solely under the Fourth Amendment was correct as an original matter, but whether that decision was “objectively unreasonable.” Lockyer, 538 U.S. at 76. The Court cannot say that the court acted in a manner with which no “fairminded jurist” could agree. To the contrary, the court’s decision was clearly compelled by Graham v. Connor. Horst does not claim that a law enforcement officer can never use a search warrant to obtain the medical records of a suspect, nor does Horst deny that the police could have lawfully gained access to at least some of the information in her medical records. Rather, Horst objects to the fact that, because the warrants did not sufficiently limit the discretion of investigators, those investigators were able to obtain more medical information than was constitutionally permissible.
Without question, then, Horst’s “constitutional claim is covered by a specific constitutional provision, such as the Fourth … Amendment.” United States v. Lanier, 520 U.S. 259, 272 n.7 (1997). Indeed, Horst’s constitutional claim is literally covered by the text of the Fourth Amendment, which requires that a search warrant must “particularly describ[e] the place to be searched, and the persons or things to be seized.” At bottom, Horst claims that the searches of her medical records were unconstitutional because the warrants that authorized those searches did not meet the Fourth Amendment requirement that “a warrant may not be issued unless … the scope of the authorized search is set out with particularity.” Kentucky v. King, 563 U.S. 452, 459 (2011). The rule of Graham v. Connor “requires that if a constitutional claim is covered by a specific constitutional provision … the claim must be analyzed under the standard appropriate to that specific provision, not under the rubric of substantive due process.” Lanier, 520 U.S. at 272 n.7. That is precisely what the Minnesota Supreme Court did.
And that ends this Court’s analysis. This Court has found that the decision of the Minnesota Supreme Court to analyze Horst’s substantive due process claim as a Fourth Amendment claim was an objectively reasonable application of Graham v. Connor. For the reasons described by Judge Rau in his R&R, this Court is barred under Stone v. Powell from going further and examining the reasonableness of the Minnesota Supreme Court’s disposition of Horst’s Fourth Amendment claim. For these reasons, Horst’s objection to the R&R is overruled, and her habeas action is dismissed.
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book www.johnwesleyhall.com
"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
"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]
“You know, most men would get discouraged by
now. Fortunately for you, I am not most men!”
---Pepé Le Pew
"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)