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Brad Heath
@bradheath
, 5 tweets, 2 min read Read on Twitter
Police got permission to search a woman's home for a fugitive. Then they fired teargas canisters inside, leaving it uninhabitable for two months.

9th Cir.: "Not obvious" that the teargas wasn't within the scope of the woman's consent. Immunity for all.
9th Cir.: The woman told the police they could go inside her house. She probably thought they'd use the door. But she never told them they couldn't fire teargas inside instead. So ......
Judge Berzon dissents: The court "holds that a typical reasonable person consenting to an entry to look for suspects could be understood by a competent police officer as consenting to damage to his or her home so extreme it renders it uninhabitable for months."
As it happens, the fugitive the police were trying to arrest wasn't in her house.

Here's the decision: cdn.ca9.uscourts.gov/datastore/opin…
Judge Berzon: Knowing this, homeowners might become "extremely reluctant to agree to consensual searches."
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Brad Heath
@bradheath
D.C. Cir. upholds a contempt citation against an unidentified Chinese bank, from which the government had demanded unidentified records that the bank refused to produce.
The bank argued that it has no offices or employees in the U.S., that producing the records would violate Chinese law, and that the Chinese government has told the bank it would be sanctioned if it complies with the U.S. demand.
The court's opinion is sealed, but the bottom line is on the docket.
Read 3 tweets
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Brad Heath
@bradheath
6th Cir.: Guy who created a parody Facebook page mocking the Parma Police Department can sue the officers who investigated and arrested him for it. "The First Amendment does not depend on whether everyone is in on the joke."
6th Cir.: To find out whether speech is protected parody, "the law requires a reasonable reader standard, not a 'most gullible person on Facebook' standard."
Interesting case on parody and the First Amendment, with citations to @TheOnion, of course -> opn.ca6.uscourts.gov/opinions.pdf/1…
Read 3 tweets
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Brad Heath
@bradheath
Police sent a SWAT team to conduct a search. They knew their suspect was already in custody. When a woman didn't unlock the door quickly enough, they threw a flash-bang into the living room, near a 2-year-old, starting a fire.

8th Cir.: And that was excessive force.
8th Cir.: Police can't just throw a flash-bang grenade into the house because they don't know who might be inside. "Whether the use of the flash-bang grenade here was reasonable is not a close question."
8th Cir.: "The argument that the SWAT team was justified in using a flash-bang grenade because they did not know for certain it was unnecessary is precisely backwards; it makes using that dangerous level of force the default."
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