Search and Seizure

Chamberlain Estate of Chamberlain v. City of White Plains

Submitted by Re'Neisha Stevenson on Tue, 09/20/2022 - 13:47

District court erred in dismissing unlawful entry claim on motion to dismiss where plaintiff pleaded facts showing that emotionally disturbed person shot by police in his own apartment had mistakenly triggered his medical alert device and officers had reason to know there was no medical emergency but forced entry nonetheless.

Cybernet, LLC v. David

Submitted by Jane Clayton on Fri, 09/16/2022 - 18:18

Excessive or unnecessary destruction of property during a search may violate the Fourth Amendment; standard is objective reasonableness, but officers are afforded a degree of discretion and are not required to use least possible destructive methods; factors include amount of damage and the relation between damage and object of the search.

Hicks v. Scott

Submitted by Jane Clayton on Fri, 09/16/2022 - 18:16

“Tenants of multi-occupancy structures have a reasonable expectation of privacy in ‘common areas … not open to the general public”.