Unconstitutional Search & Seizure
- Is it clearly established that an officer must immediately call off a valid warrant calling for the arrest of African Americans merely because he observes one or more Caucasians in the house to be searched?
- Is it clearly established that, in lawfully executing a search warrant at a residence, it is an unnecessarily painful and/or degrading and/or undue invasion of privacy for officers to order people — who are in bed and who claim to be naked — to show their hands and get out of bed?
- Can a Circuit Court of Appeals find that the law is "clearly established" so as to foreclose a finding of qualified immunity under Saucier v. Katz, 533 U.S. 194 (2001) when even the circuit judges cannot agree on whether a constitutional violation occurred?
Scott Nelson of Public Citizen was co-counsel for the respondent at the cert stage. The Supreme Court summarily reversed the Ninth Circuit's opinion, finding no Fourth Amendment violation.