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IA: Taking alleged victim to scene of search to let him decide what to seize violates Fourth Amendment

By John Wesley Hall, Jr.

Taking the alleged victim to the scene of execution of the search warrant and letting him dictate what else was seizable as plain view denied defendants qualified immunity in a state Fourth Amendment § 1983 case filed in state court. Debrower v. City of Bremer, 0-316 (Iowa July 14, 2010)*: We conclude Deputy Miller’s conduct in seizing the additional eleven trees based on Burkle’s new allegations of ownership after he spotted newly-planted trees as he was leaving the property and based on whether the trees could be pulled out of the ground during a night-time search engenders a fact issue on whether “the incriminating feature of the object was immediately apparent.” Burkle’s handwritten statement clearly asserts “34 trees” were stolen “about 3 weeks ago” and thirty-four trees had already been seized under the warrant...continue to full post

Full post as published by Fourth Amendment on July 15, 2010 (boomark / email).