Legal Opinion

Mothersell v. City of Syracuse

District Court, N.D. New York

Decided March 8, 2013No. 5:08-CV-615 (NAM/TWD)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

Hon. NORMAN A. MORDUE, Chief Judge.

INTRODUCTION

In this amended civil rights complaint (Dkt. No. 64), plaintiff Robert Mothersell (“plaintiff’ or “Mothersell”) alleges Fourth Amendment and other violations arising from a strip search during the execution of a premises search warrant containing an “all-persons-present” clause. New York’s Court of Appeals reversed Mothersell’s conviction for possession of drugs seized from his person during the search, holding that the search warrant application did not support the all-persons-present clause in the warrant. People v.…

2Cases cited18 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  4. Amgen Inc. v. Connecticut Retirement Plans and Trust FundsSupreme Court of the United States · 2013
  5. Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010

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3Cited by5 opinions

  1. Edward Morgan, Jr. v. United StatesDistrict of Columbia Court of Appeals · 2015
  2. Edward Morgan, Jr. v. United StatesDistrict of Columbia Court of Appeals · 2015
  3. Edward Morgan, Jr. v. United StatesDistrict of Columbia Court of Appeals · 2015
  4. Guma v. The City of Long BeachDistrict Court, E.D. New York · 2025
  5. Nourse v. County of JeffersonDistrict Court, N.D. New York · 2020

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