23-10062

Martin, et al. vs. United States of America, et al.

Submitted by Jane Clayton on Mon, 05/15/2023 - 16:47

Fourth Amendment principles dating back centuries support liability for an officer’s mistaken execution of a warrant. These principles emphasize the importance of a person’s right to safety in her home; a well-specified warrant; and notice prior to entry. Along these lines, several circuits have held that executing a warrant at the incorrect home amounts to a warrantless search and presumptively violates the Fourth Amendment.