Brief filed: 05/13/2019
Jessop v. City of Fresno
9th Circuit Court of Appeals; Case No. 17-16756
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.
C. Mitchell Hendy, Mayer Brown LLP, Los Angeles, CA; Donald M. Falk, Mayer Brown LLP, Palo Alto, CA.