NACDL - Jessop v. City of Fresno

Jessop v. City of Fresno

Brief of Amici Curiae National Association of Criminal Defense Lawyers, American Civil Liberties Union of Northern California, and American Civil Liberties Union of Southern California in Support of the Petition for Rehearing En Banc.

Jessop v. City of Fresno

Brief Details

Case No.: 17-16756
Brief Filed: May 13, 2019
Jurisdiction: 9th Circuit Court of Appeals

Key Topics in the Brief

Fourth Amendment | Qualified Immunity | Law Enforcement Misconduct | § 1983 | Police | Stealing | Executing a Warrant | Personal gain

Briefs

Jessop-v-City-of-Fresno-Brief.pdf

Argument(s)

The panel decision failed to recognize that the Fourth Amendment plainly prohibits police officers from stealing private property for personal gain. The Fourth Amendment was designed in part to prohibit the Colonial Era practice of officers stealing private property. Case law confirms that the Fourth Amendment prohibits officers from stealing private property while executing a warrant. Rehearing is necessary to prevent immunizing serious law enforcement abuses.