Fourth Amendment

Imagine how often when police officers are deciding whether to arrest someone they are told a version of a story they don’t find believable. In a Supreme Court amicus brief in District of Columbia v. Wesby the State and Local Legal Center (SLLC) argues that the D.C. Circuit erred by applying an inflexible rule that when officers are making arrest decisions they must believe a suspect’s version of the story, even when circumstantial evidence indicates otherwise.

In this case police officers arrested a group of late-night partygoers for trespass. The party-goers gave police conflicting reasons for why they were at the house (birthday party v. bachelor party). Some said “Peaches” invited them to the house; others said they were invited by another guest. Police officers called Peaches who told them she gave the partygoers permission to use the house. But she admitted that she had no permission to use the house herself; she was in the process of renting it. The landlord confirmed by phone that Peaches hadn’t signed a lease. The partygoers were never charged with trespass.

On May 7, 2017, Governor Abbott signed SB 4 into law in Texas. Among numerous other things, it requires local governments to honor Immigration and Customs Enforcement (ICE) detainers, punishable by a Class A misdemeanor.

Many cities and counties don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment. Last month a federal district court concluded that to the extent President Trump’s sanctuary jurisdictions executive order requires honoring warrantless ICE detainers “it is likely unconstitutional under the Tenth Amendment because it seeks to compel the states and local jurisdictions to enforce a federal regulatory program through coercion.”

In Manuel v. City of Joliet the Supreme Court held 6-2 that even after “legal process” (appearing before a judge) has occurred a person may bring a Fourth Amendment claim challenging pretrial detention. The State and Local Legal Center (SLLC) filed an amicus brief arguing that malicious prosecution claims cannot be brought under the Fourth Amendment. The Supreme Court didn’t address this issue in its decision.

Elijah Manuel was arrested and charged with possession of a controlled substance even though a field test and a lab test indicated his pills weren’t illegal drugs. A county court judge further detained Manuel based on a complaint inaccurately reporting the results of the field and lab tests. Forty-eight days later Manuel was released when another laboratory test cleared him.  

In District of Columbia v. Wesby the Supreme Court will decide whether, when the owner of a vacant house informs police he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' claims of an innocent mental state.

Facts similar to those in this case may not arise very often. But police officers must assess claims of innocence in numerous other instances (theft, assault, even homicide). 

In its amicus brief in County of Los Angeles v. Mendez the State and Local Legal Center (SLLC) asks the Supreme Court to reject the “provocation” rule, where any time a police officer violates the Fourth Amendment and violence ensues, the officer will be personally liable for money damages for the resulting physical injuries.

Everyone agrees police officers used reasonable force when they shot Angel Mendez. As officers entered, unannounced, the shack where Mendez was staying they saw a silhouette of Mendez pointing what looked like a rifle at them. The Ninth Circuit awarded him and his wife damages because the officers didn’t have a warrant in violation of the Fourth Amendment to search the shack thereby “provoking” Mendez.

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