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« suit challenges illinois ban on carrying w/o a permit | Main | Long gun reporting requirements imposed »

Cert granted in 4th Amendment firearms case

Posted by David Hardy · 11 July 2011 10:38 AM

There's a post on it over at the Volokh Conspiracy. There appears to be no question that the search warrant was unconstitutional, but the issue remains whether the officers obtaining and executing it can be sued despite "qualified immunity." That court-created defense is available if the constitutional issue involved was not "clearly established" at the time of the unconstitutional action -- and that in turn leads to debate over how broadly or narrowly the issue is defined.

· General con law

3 Comments | Leave a comment

Josh | July 11, 2011 4:41 PM | Reply

Doesn't the burden fall on the judge who issued the warrant?

David McCleary | July 12, 2011 5:37 AM | Reply

No

Flight-ER-Doc | July 12, 2011 5:43 AM | Reply

Of course not. The Judges have decided that they have absolute, unchallengeable immunity from their own actions.

It's good to be the king...

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