W.D.N.C.: Indian tribes not subject to 4A claims

“Plaintiff cannot bring a claim based on a Fourth or Fourteenth Amendment violation against an Indian tribe like the Defendant. Oviatt v. Reynolds, 733 F. App’x 929, 933 (10th Cir. 2018) (dismissing Fourth Amendment claim against an Indian tribe ‘because the Fourth Amendment does not bind Indian tribes.’); ….” Oxendine-Taylor v. Eastern Band of Cherokee Indians, 2020 U.S. Dist. LEXIS 175290 (W.D. N.C. Sept. 14, 2020).

“The probable cause standard is a practical standard, not a burden of proof at trial.” The reasonable inference from the totality of the affidavit for the search warrant showed particularity to defendant’s apartment. Defendant’s having the utilities in his name is a substantial connection to the property. Commonwealth v. Diaz-Arias, 2020 Mass. App. LEXIS 147 (Sept. 25, 2020).

This entry was posted in Burden of pleading, Burden of proof. Bookmark the permalink.

Comments are closed.