Parolees and Fourth Amendment Rights with Link to Oral Argument before the Ninth Circuit

Parolees and Fourth Amendment Rights with Link to Oral Argument before the Ninth Circuit

This is a link to oral argument before the Ninth Circuit in a Section 1983 case brought by a woman and her child, whose home was raided by federal agents, state police officers, city police officers, and county sheriff deputies, under the guise of a “parolee” check up.  The purported parolee was not, in fact, on parole; he was in prison.  The officers relied on a list of names and addresses that was three months old.  Stale information.  The opening brief is here.

I argued against an assistant city attorney, a deputy county counsel, a deputy state attorney general, and an assistant United States Attorney.  As the appellant, I opened and after the other side (some four or five attorneys argued, I closed, starting at time mark 49:22).  Enjoy listening to the government attorneys all point the fingers at the others’ clients.  The it’s not my job two step shuffle; or “passing the buck,” as Judge Brunetti commented.

Ms. Motley and her child ultimately prevailed, with Fletcher and Pregerson ruling in their favor.

practice note:  sometimes, it hurts to know your case too well.

practice pointer:  write the damn book

practice pointer:  did Thomas just undermine the entire line of fourth amendment law?  June 20, 2016

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