Plaintiff was a yoga instructor who was dating a San Diego County Deputy Sheriff. They weren’t married, but they lived together, had children together, and their finances were completely intermingled, with her a stay-at-home mom. After the relationship soured and they split, defendant had her arrested for credit card fraud because she still had one. There was probable cause for her arrest and the search of her house and an ADA signed off on the search warrant. After the arrest, the DA refused to prosecute. There was enough probable cause to avoid liability for false arrest and the search warrant, even though plaintiff’s expert testified in a deposition that it was “neglect of duty” not to have interviewed her before the arrest, not after. Plaintiff gets to go to the jury, however, on her excessive force claim that deputies arrested her for credit card fraud at gunpoint and were as intimidating as possible with personal animus, when she had their children. Cameron v. Craig, 713 F.3d 1012 (9th Cir. 2013)*:
Cameron also brings claims regarding the amount of force the County Defendants used to execute the search warrant and Cameron's arrest. Cameron alleges that the County Defendants used "SWAT-like" tactics in order to intimidate her, and that a jury could find that the level of force employed was constitutionally excessive. The County Defendants asserted that the amount of force used was reasonable and that Craig is entitled to qualified immunity because no clearly established law put her on notice that the force employed was excessive. Because "historical facts material to the qualified immunity determination are in dispute," Conner v. Heiman, 672 F.3d 1126, 1131 (9th Cir. 2012) (internal quotation marks omitted), the district court erred in granting summary judgment to the defendants on the excessive force claim.
. . .
The factual record on the excessive force claim is not fully developed. The parties, for example, agree that the deputies entered Cameron's residence with guns drawn, but dispute whether deputies pointed their guns at Cameron's head. Although Cameron conceded that Craig is not personally liable for her deputies pointing guns at Cameron's head, Cameron asserted at oral argument that Craig is liable for directly participating in the raid and in organizing it to take place at such a time and in such a manner as to be maximally intimidating. "[W]hen the disputed facts and inferences are treated in the manner required by law," that is, construed in Cameron's favor, "a jury could properly find that the force used [was] greater than was reasonable under the circumstances." Tekle v. United States, 511 F.3d 839, 846 (9th Cir. 2007) (internal quotation marks omitted and second alteration in original). Cameron's suspected crimes were relatively minor and non-violent, the County Defendants had no reason to suspect Cameron or any of her known roommates would pose a threat to officer safety, and Cameron was not resisting arrest. The County Defendants presented no evidence to the contrary.
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"If it was easy, everybody would be doing it. It isn't, and they don't."
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"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
—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
—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
"There is never enough time, unless you are serving it."
"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)