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Criminal Law

: Tenth Circuit Blog

State Law Violation Not A Fourth Amendment Violation

By Shari Allison

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Bowling v. Rector, -- F.3d --, 2009 WL 3416342 (10th Cir. 10/26/09) - state law violation related to execution of a search warrant - in this case, exceeding authority of a special ranger under Oklahoma law - did not violate the Fourth Amendment and thus was not actionable under § 1983. Summary judgment was properly denied with respect to claim that the scope of the search warrant was exceeded in violation of Mr. Bowling's constitutional rights.

Full post as published by Tenth Circuit Blog on October 27, 2009 (boomark / email).

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