{"id":1441,"date":"2008-04-06T17:38:54","date_gmt":"2007-10-15T06:39:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-15T06:39:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1441","title":{"rendered":"Plaintiffs&#8217; being warned of potential entry to clean city property defeated their Fourth Amendment claim"},"content":{"rendered":"<p>Plaintiffs failed to state a due process or Fourth Amendment claim for housing code entry on to their property to remove weeds and debris. They were given notice of the proposed action and did nothing to head it off. The defendants also had qualified immunity. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/061235.U.pdf\">Nixon v. Montgomery County<\/a>, 251 Fed. Appx. 141 (4th Cir. 2007)* (unpublished).<\/p>\n<p>Officer&#8217;s affidavit for search warrant also referred to a 2000 search that was suppressed for lack of probable cause, and that was excised from the affidavit by the district court. The officer&#8217;s current personal observations were credited by the trial court, and the appellate court could not go behind those findings on the record. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/07a0725n-06.pdf\">United States v. Popham<\/a>, 250 Fed. Appx. 170, 2007 FED App. 0725N (6th Cir. 2007)* (unpublished).<\/p>\n<p>Prison officials accidentally opening legal mail outside of the inmate&#8217;s presence was only an isolated instance, and it was not a pattern of conduct. Therefore, the prison officials are not liable under \u00a7 1983. Stockdale v. Dwyer, 2007 U.S. Dist. LEXIS 75819 (E.D. Mo. October 11, 2007).*<\/p>\n<p>Officer observing improper lane change had probable cause for stop that led to observation that defendant was under the influence. People v. James, 2007 NY Slip Op 27384, 2007 N.Y. Misc. LEXIS 6781 (Queens Co. July 30, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1441\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1441","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1441","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1441"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1441\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1441"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1441"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1441"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}