Antoine Jones v. Steve Kirchner

There are two basic and related reasons why I believe the majority errs in deciding that the defendants violated the Fourth Amendment when they allegedly executed a daytime search warrant at night. The first reason should have been conclusive. It is that collateral estoppel bars Jones’ claim about the timing of the search. In the criminal proceedings leading to Jones’ conviction that very issue was decided against him, not once but several times, because his allegation turned out to be false. The second reason is that the majority’s determination to reach out and decide this constitutional…