Legal Opinion · Dissent

Case v. Kitsap County Sheriff's Department

Court of Appeals for the Ninth Circuit

Decided May 9, 2001No. 98-36260Published

1DissentFerguson, Circuit Judge

The majority holds that county sheriffs may forcibly enter a home, search, and make a warrantless arrest simply because an out-of-state warrant is listed in a federal computer database. Until today, we have held that officers may consider out-of-state computer information as one element in the determination of probable cause, but we have never held that such information satisfies the warrant requirement for forcible home entries. The majority’s ruling enlarges the authority of local law enforcement officers, obscures the difference between the powders of federal and local police, and…

2Cases cited42 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  4. Payton v. New YorkSupreme Court of the United States · 1980
  5. Malley v. BriggsSupreme Court of the United States · 1986

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API