Legal Opinion · Dissent

United States v. James Ray Mendoza

Court of Appeals for the Eighth Circuit

Decided April 2, 2002No. 00-3631Published

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

  1. Ohio v. RobinetteSupreme Court of the United States · 1996
  2. Maryland v. GarrisonSupreme Court of the United States · 1987
  3. Pray v. City of SanduskyCourt of Appeals for the Sixth Circuit · 1995
  4. United States v. Steven Elmer Luschen, United States of America v. Wayne Bernard KingCourt of Appeals for the Eighth Circuit · 1980
  5. United States v. Earl Franklin FlukerCourt of Appeals for the Ninth Circuit · 1976

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