Law.com Blog Network

About The Bloggers

Blogroll

Speaking of the Fourth Amendment: Hells Angels v. City of San Jose

Don't take people's stuff without good reason -- and don't shoot their dogs while you're at it. That's my take on "Legal Win for Hells Angels," Mike Cernovich's report of an appellate court decision affirming a district court's denial in part of motions for qualified immunity filed by seven San Jose police officers and one deputy sheriff.

In 1998, the law officers executed multiple, simultaneous search warrants, during which time they shot and killed three dogs and removed various items -- including a concrete slab and a fridge, which they damaged. Why? Cernovich provides the answer, quoting the court's opinion of this strategy:

"We hold that Linderman's instruction to seize "truckloads" of personal property, including numerous motorcycles and a piece of concrete, for the sole purpose of proving that the Hells Angels was a gang was an unreasonable execution of the search warrants in violation of the Fourth Amendment."

As for the dogs? Read on.

Posted by Product Team on April 5, 2005 at 01:53 PM | Permalink | TrackBack (0)

TrackBack

TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d8341cce2453ef00d83544e1d669e2

Listed below are links to weblogs that reference Speaking of the Fourth Amendment: Hells Angels v. City of San Jose:

 
 
 
About ALM  |  About Law.com  |  Customer Support  |  Privacy Policy  |  Terms & Conditions