{"id":15405,"date":"2015-01-11T00:36:35","date_gmt":"2015-01-11T05:36:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15405"},"modified":"2015-01-10T16:41:27","modified_gmt":"2015-01-10T21:41:27","slug":"ca6-search-of-suspended-judges-personal-safe-during-misconduct-investigation-state-a-claim-for-relief","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15405","title":{"rendered":"CA6: Search of suspended judge&#8217;s personal safe during judicial misconduct investigation stated a claim for relief"},"content":{"rendered":"<p>The plaintiff was a judge suspended by the state judiciary and a workplace search occurred in relation to that investigation. Her personal safe was searched, too. The search of the office was reasonable under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=9101462786324559876&#038;q=O%E2%80%99Connor%2Bv.%2BOrtega&#038;hl=en&#038;as_sdt=20002\">O\u2019Connor<\/a>, but the search of her personal safe stated a claim for unreasonable search. It had nothing to do with the workplace search. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/15a0012n-06.pdf\">James v. Hampton<\/a>, 2015 U.S. App. LEXIS 384 (6th Cir. January 7, 2015).<\/p>\n<p>There is no Fourth Amendment claim for a threatened arrest, here for nonpayment of child support. \u201cHe has alleged only that his \u2018freedom from threatened arrest, seizure and search\u2019 was infringed. A claim for threatened arrest, seizure or search is not cognizable under the Fourth Amendment. Further, Plaintiff has alleged no facts regarding the &#8220;threatened arrest, seizure, or search.\u2019\u201d Wilson v. Fla. Dep&#8217;t of Revenue, 2015 U.S. Dist. LEXIS 2126 (N.D. Cal. January 8, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The plaintiff was a judge suspended by the state judiciary and a workplace search occurred in relation to that investigation. Her personal safe was searched, too. The search of the office was reasonable under O\u2019Connor, but the search of her &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=15405\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,63],"tags":[],"class_list":["post-15405","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15405","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15405"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15405\/revisions"}],"predecessor-version":[{"id":15409,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15405\/revisions\/15409"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15405"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15405"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15405"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}