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CA8: While a SW can be executed unreasonably, this one wasn't

By John Wesley Hall, Jr.

Plaintiffs’ farm was the site of a four day search warrant execution after probable cause was shown to search the property in 2004 for bodies missing since 1971. The cattle bolted from the arrival of the police, and plaintiffs complained that the cattle lost weight. Also, they were not permitted in the house until the police were done and the stove was left on and their cat gave birth and some kittens died. While execution of a warrant is subject to reasonableness, this was not unreasonable under these facts. Lykken v. Brady, 2010 U.S. App. LEXIS 19569 (8th Cir. September 21, 2010): Courts may properly probe the manner in which law enforcement executes a warrant to ensure compliance with the Constitution. See Hummel-Jones v. Strope, 25 F...continue to full post

Full post as published by Fourth Amendment on September 24, 2010 (boomark / email).