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.
Argument: 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.