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



Constitutionally Required Counsel

The first article of the Louisiana Constitution is entitled “Declaration of Rights.”  La. Const., Art. 1.  It contains twenty-seven sections, delineating people’s rights ranging from the right to individual dignity  to the right to hunt and to fish.  Within the Declaration of Rights is the Louisiana version of the Sixth Amendment of the United States Constitution.  It reads, in mandatory terms, as follows:

§13. Rights of the Accused

Section 13. When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel. In a criminal prosecution, an accused shall be informed of the nature and cause of the accusation against him. At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment. The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.