Wednesday, September 14, 2005

US v. Scott

No. 04-10090 (9-9-05). The 9th (Kozinski) confronts the issue of whether probable cause is needed to search a pretrial releasee’s home. The 9th considers the status of the releasee, the special needs of law enforcement and judicial appearance (both found lacking), and the distinction between, on one hand, the presumption of innocence in a pretrial releasee, and the forfeiture of rights by a probationer. The 9th weighs and balances, and affirms the suppression of evidence for a search without probable cause. Bybee, in dissent, would find that a pretrial releasee is close to a person on probation than someone not charged; the releasee has been charged, and so has some rights curtailed, and the interests of society in law enforcement and judicial economy (ie showing up) are special needs. Congrats to AFPDs Mike Powell and Cynthia Hahn of D. Nevada for another win (see Esparaza-Gonzalez above).


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