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Friday, April 03, 2015

Case Highlight

Short, last post to highlight a disturbing Fourth Circuit case that illustrates how much excessive police invasion and violence our system is willing to tolerate (even when it means disturbing a jury verdict).  In Kane v. Lewis, the Fourth Circuit overturned an award of $250,000 to the father of a young Maryland man who was shot by a SWAT team.   Yes, the man came out of his room with a knife (found sheathed on the body later).  One plausible explanation for that? SWAT conducted a middle-of-the-night raid of his apartment, with no "knock and announce."  What basis for the subpoena that led six SWAT officers to break down his door?  Trace amounts of marijuana found in his trash. The search led to more (but not much more) of the same.   

And, with that uplifting conclusion to my PrawfsBlawg stint, I'd like to thank Howard for the opportunity to join the Prawfs community and all those who contribute to the site for their posts. 


Posted by Kate Levine on April 3, 2015 at 03:46 PM in Blogging, Judicial Process | Permalink


Yes, thank you for pointing that out. The dissent is excellent and brings out key facts that are not addressed in majority opinion.

Posted by: Kate Levine | Apr 5, 2015 10:52:20 PM

Here's the opinion: http://www.ca4.uscourts.gov/Opinions/Unpublished/141027.U.pdf

I would commend to readers the excellent dissent of Judge Pam Harris (her first dissent). [Disclosure: She is a friend and former colleague.]

Posted by: Marty Lederman | Apr 5, 2015 10:27:55 PM

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