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Religion & Law

: Religion Clause

Free Exercise Claim Growing Out of Auto Search Dismissed

By Howard M. Friedman

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In Turner v. Craig, 2010 U.S. Dist. LEXIS 3356 (ND CA, Jan. 14, 2010), plaintiff alleged that he was arrested after a traffic stop by defendant police officers. Officers searched his vehicle and took a bottle of "blessing oil" that defendant uses for religious purposes from the car's glove box. Plaintiff claimed this violated his free exercise rights. The court dismissed the claim with leave to amend, indicating that plaintiff needed to set out some description of his religious practices and allege that defendants acted with the object or purpose of suppressing his religion. Various other claims growing out of the same incident-- including illegal search and false arrest allegations-- were also dismissed with leave to amend.

Full post as published by Religion Clause on January 20, 2010 (boomark / email).

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