Millender v. County of Los Angeles

[Knuckle Dragger]

This is big. The 9th circuit (en banc no less) decides that a warrant requesting the seizure of all guns at home of suspect’s family was unlawful when the police knew exactly what gun they were looking for. The also decide the officers have no qualified immunity in the case. LA County is going to pay for this….

Decision
More information

 

[maee]

Win for the 4th amendment, really. This guy is a scumbag, deadbeat gang member with a sawed off shotgun. But given that its the 9th, thats probably why they ruled in his favor. Hopefully this eventually helps fight against the 9th recent decision to permit warrantless GPS tracking of your personal automobile without a warrant...

 

[KMaurer]

Actually he wasn't a party to the case. The woman who was once his foster sued the LA County Sheriff's Office and a couple of deputies for their actions in seizing her gun, which didn't even vaguely resemble the one used in the alleged crime. The deputies responding to the original crime were given both a specific description of the gun used as well as a photo of the alleged perpetrator holding the gun, but then sought and got a warrant allowing them to take all guns, gun parts, accessories and paperwork from a home where he hadn't lived for 15 years.

Ken

 

[Garys]

Actually he wasn't a party to the case. The woman who was once his foster sued the LA County Sheriff's Office and a couple of deputies for their actions in seizing her gun, which didn't even vaguely resemble the one used in the alleged crime. The deputies responding to the original crime were given both a specific description of the gun used as well as a photo of the alleged perpetrator holding the gun, but then sought and got a warrant allowing them to take all guns, gun parts, accessories and paperwork from a home where he hadn't lived for 15 years.

Ken

Sounds pretty egregious to me. I wonder how they wrote their affidavit to convince a judge to issue such a broad based warrant?

and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Seems pretty clear cut to me. They had an exact description of who and what they were looking for, but used the warrant as an excuse to go on a fishing expedition.

 

[KMaurer]

They had an exact description of who and what they were looking for, but used the warrant as an excuse to go on a fishing expedition.

That's exactly how the Court saw it.

Ken

 

[blindfire]

That's exactly how the Court saw it.

Ken

Well, this will teach those cops...to not be so specific in the warrant request!!!

 

[Knuckle Dragger]

SCOTUS Grants Cert.

Just got word that the Supreme Court granted review in this case.

 

[Coyote33]

... the officers have no qualified immunity in the case. ...

Sounds pretty egregious to me. I wonder how they wrote their affidavit to convince a judge to issue such a broad based warrant?...

Just got word that the Supreme Court granted review in this case.

Anybody have a secret decoder ring to translate this into non-lawyerese?

 

[Finalygotabeltfed]

Anybody have a secret decoder ring to translate this into non-lawyerese?

= Cops are screwed.

 

[joeendris]

....blah. better not piss off The Bundespolizei

 

[joeendris]

Win for the 4th amendment, really. This guy is a scumbag, deadbeat gang member with a sawed off shotgun. But given that its the 9th, thats probably why they ruled in his favor. Hopefully this eventually helps fight against the 9th recent decision to permit warrantless GPS tracking of your personal automobile without a warrant...

No right is more clearly established under the Fourth Amendment than the right not to be subject to search and seizure under a general warrant

Pretty straightforward. Bad to do against a valid scumbag, unfortunately.

 

[Knuckle Dragger]

It has to get past Supreme Court review now. SCOTUS could reverse the 9th circuit and that would be bad. In this case the police were looking for a specific gun in conjunction with a specific investigation. However, they took it upon themselves to ask for a warrant to seize all firearms at a residence and the local court granted that warrant. A SCOUTS win would be a 4A win, but also a recognition that courts can't just authorize the seizure of people's guns without a good reason.