Legal Opinion
Lynne Meredith Gayle Bybee Jenifer Meredith Bernadette Keller Carla Figaro, the People of California, Ex Rel. v. Andrew Erath
Court of Appeals for the Ninth Circuit
Decided September 8, 2003No. 02-55021PublishedCited by 130 opinions
1Opinion of the Court
Opinion by Judge DAVID R. THOMPSON; Partial Concurrence and Partial Dissent by Judge MESKILL
OPINION
DAVID R. THOMPSON, Circuit Judge.
IRS Agent Andrew Erath had a warrant to search a three-story building for evidence of income tax violations. Gayle By-bee, who was not the target of the investigation, lived on the third floor. When she demanded loudly and repeatedly that Er-ath produce a search warrant, Erath (according to Bybee) used excessive force in handcuffing her. She was then detained in handcuffs for several hours while the search proceeded; during the first 30 minutes the handcuffs were…
2Cases cited24 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Florida v. RoyerSupreme Court of the United States · 1983
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Michigan v. SummersSupreme Court of the United States · 1981
- Kathleen Hansen v. Ronald L. BlackCourt of Appeals for the Ninth Circuit · 1989
19 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- Alan Baynes v. Brandon ClelandCourt of Appeals for the Sixth Circuit · 2015
- United States v. Sewn NewtonCourt of Appeals for the Second Circuit · 2004
- Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, OfficerCourt of Appeals for the Sixth Circuit · 2005
- Morrison v. Board of Trustees of Green Tp.Court of Appeals for the Sixth Circuit · 2009
- Shafer v. County of Santa BarbaraCourt of Appeals for the Ninth Circuit · 2017
125 more not listed; retrieve them via the Exa API.