Is it a violation of the Fourth Amendment to search for evidence of theft?
MultiRegion, United States of America
The following excerpt is from Jessop v. City of Fresno, 936 F.3d 937 (9th Cir. 2019):
As the panel opinion recognizes, there is no question that the City Officers alleged conduct, if true, was morally reprehensible. Whether something violates the Fourth Amendment, however, is a different question from whether it is outrageous and morally wrong. I write separately to share my view why, even if Brewster v. Beck were decided before the City Officers alleged theft, it is not clear that the officers violated the Fourth Amendment. 859 F.3d 1194 (9th Cir. 2017).
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