Plaintiff was arrested in her house and removed to the street in a short nightgown. She asked to be allowed to dress before going outside, and her request was denied. She was seen by her neighbors outside in her nightgown being arrested, apparently without cause. She was taken in and questioned. "Plaintiff was released from custody after about four hours, at approximately 10:30 a.m. Plaintiff, still in her nightgown and blanket, was left in the lobby of the sheriff's office waiting for her sister to arrive to provide transportation back to her home. See Docket No. 11 & Docket No. 39 at 2. Plaintiff avers that, at some point after she was taken to the sheriff's office for questioning, she returned to her home and witnessed her 'property [] covered with news media personnel, along with numerous law enforcement agents. The house was wide open and people were traveling in and out of the residence, carrying bags of unknown property and articles of clothing.' PSOF, Exh. B. Plaintiff later 'observed live news broadcasts from my home on several local television stations, stating that the property was used to conduct a jet ski chop shop.' Id., Exh. B. However, there is no evidence presented to the Court that Defendants invited the news media onto Plaintiff's property or facilitated their activities, if that in fact occurred." The front door was broken and could not be locked because of damage from the battering ram used to break down the door. Bettin v. Maricopa County, 2007 U.S. Dist. LEXIS 42979 (D. Ariz. June 11, 2007):
Plaintiff's detention outside her residence in her nightgown, notwithstanding her request to dress, while boorish and unprofessional, did not exceed the scope of detention authorized by Summers. However, Defendants did not continue to detain Plaintiff at the scene of the search. Defendants removed Plaintiff from her home and took her to the sheriff's office for questioning without placing Plaintiff under arrest and without having a reasonable belief that Plaintiff was suspected of criminal activity. At that time, any reliance defendants might have had upon a Summers detention evaporated. Ganwich, 319 F.3d at 1124.
. . .
Taking the facts in the light most favorable to Defendants for the purpose of Plaintiff's motion for summary judgment, at best Defendant Hayman suspected Plaintiff, as Mr. Jorgensen's girlfriend, might be a witness to Mr. Jorgensen's alleged criminal acts. Defendants could have served Plaintiff with a grand jury subpoena and obtained whatever information she might have possessed through her grand jury testimony. In this manner, Plaintiff's Fourth Amendment rights would not have been violated. However, Defendants did not exercise this option. The Court concludes Defendants violated Plaintiff's Fourth Amendment right to be free of an unreasonable seizure by taking her into investigative custody without reasonable suspicion of her criminal conduct or probable cause to arrest her. See Heitschmidt, 161 F.3d at 838-39. Additionally, Plaintiff's detention was unnecessarily degrading, and prolonged, and it involved an undue invasion of Plaintiff's privacy
.
Detention of 16 minutes during traffic stop was not unreasonable, and the use of a dog during that stop was also not unlawful. United States v. Montes, 2007 U.S. Dist. LEXIS 43029 (N.D. Okla. June 13, 2007).*
Plaintiff alleged a claim for excessive force for allegations that he was unnecessarily choked for 30-40 seconds while being arrested. The only claims to survive were individual claims against the officers there. Hamilton v. City of Jackson, 508 F. Supp. 2d 1045 (S.D. Ala. 2007).*
City's entry onto property that the plaintiff loan company was going to sell to another potentially violated the rights of the seller (some views were made from off the property and were objectively reasonable, other views from within, but with alleged consent), but the plaintiff was denied summary judgment and the defendants granted summary judgment because of apparent authority of persons on the premises to allow the entry. Lincoln Loan Co. v. Brown, 2007 U.S. Dist. LEXIS 43218 (D. Ore. June 13, 2007).*
A traffic stop led the officer to observe a marijuana pipe in plain view, and that justified a search of the car. Glenn v. State, 285 Ga. App. 872, 648 S.E.2d 177 (2007).*
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by John Wesley Hall
Criminal Defense Lawyer
Little Rock, Arkansas
Contact / About
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www.LawofCriminalDefense.com
@JohnWesleyHall
Online since Feb. 24, 2003
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2013-14 Term:
Fernandez v. California, granted May 20 (ScotusBlog)
2012-13 Term: 2010-11 Term: General (many free): Congressional Research Service: "If it was easy, everybody would be doing it. It isn't, and they don't." "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
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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." Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment. "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." "The great end, for which men entered into society, was to secure their
property." "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." "The course of true law pertaining to searches and seizures, as enunciated
here, has not–to put it mildly–run smooth." "A search is a search, even if it happens to disclose nothing but the
bottom of a turntable." "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." “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.” “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.” "You can't always get what you want /
But if you try sometimes / You just might find / You get what you need." "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,
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"There is never enough time, unless you are serving it."
Maryland
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Missouri
v. McNeeley, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (Apr. 17, 2013) (ScotusBlog)
Bailey
v. United States, 133 S. Ct. 1031, 185 L. Ed. 2d 19 (Feb. 19, 2013) (ScotusBlog)
Florida
v. Harris, 133 S. Ct. 1050, 185 L. Ed. 2d 61 (Feb. 19, 2013) (ScotusBlog)
Florida
v. Jardines, 133 S. Ct. 1409, 185 L. Ed. 2d 495 (Mar. 26, 2013) (ScotusBlog)
2011-12 Term:
Ryburn
v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other
blog)
Florence
v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
United
States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
Messerschmidt
v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)
Kentucky
v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
Camreta
v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
Ashcroft
v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
Davis
v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)
2009-10 Term:
Michigan
v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam)
(ScotusBlog)
City
of Ontario v. Quon, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)
2008-09 Term:
Herring
v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
Pearson
v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
Arizona
v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
Arizona
v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
Safford
Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174
L.Ed.2d 354 (2009) (ScotusBlog)
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Section 1983 Blog
—Me
—Williams
v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold,
J.), rev'd Nix v. Williams, 467 US. 431 (1984).
—Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
—Entick
v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
—United
States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
—Arizona
v. Hicks, 480 U.S. 321, 325 (1987)
—Katz
v. United States, 389 U.S. 347, 351 (1967)
—United
States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
—United
States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
—Mick Jagger & Keith Richards
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
—Pepé Le Pew
—Malcolm Forbes
"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)