Legal Opinion · Dissent
United States v. King
Court of Appeals for the Ninth Circuit
Decided March 8, 2013No. 11-10182Published
1DissentBerzon, Circuit Judge
I continue to agree with Judge Graber that San Francisco Police Department officers lacked reasonable suspicion to search Marcel King at his residence. See Op. at 807; United States v. King, 672 F.3d 1133, 1139 (9th Cir.2012) (per curiam), vacated, 687 F.3d 1189 (9th Cir.2012) (en banc) (per curiam). I part ways with the present majority regarding whether police could search King’s home without any individualized suspicion. The majority does not give appropriate weight to two factors that are for me decisive — the particular language in King’s search condition and the Supreme Court’s holdings…
2Cases cited36 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Adams v. WilliamsSupreme Court of the United States · 1972
- Illinois v. WardlowSupreme Court of the United States · 2000
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