United States v. James Ray Mendoza
Court of Appeals for the Eighth Circuit
1DissentBye, Circuit Judge
I am disturbed our Fourth Amendment jurisprudence allows us to find the execution of this search warrant constitutionally permissible. The reasonableness of a search or seizure is “measured in objective terms by examining the totality of the circumstances.” Ohio v. Robinette, 519 U.S. 33, 39, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996). When I examine the totality of the circumstances in this case, I see little reason in the officers’ conduct. Despite the warrant’s knock and announce limitation, it is apparent the officers simply executed this warrant as a no-knock drug raid.
Six to eight officers…
2Cases cited13 opinions
- Ohio v. RobinetteSupreme Court of the United States · 1996
- Maryland v. GarrisonSupreme Court of the United States · 1987
- Pray v. City of SanduskyCourt of Appeals for the Sixth Circuit · 1995
- United States v. Steven Elmer Luschen, United States of America v. Wayne Bernard KingCourt of Appeals for the Eighth Circuit · 1980
- United States v. Earl Franklin FlukerCourt of Appeals for the Ninth Circuit · 1976
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