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Ashcroft Vs. Al-kidd

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  • US Supreme Court
  • May 26, 2011

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  1. Indianapolis Vs. Edmond US Supreme Court · Nov 28, 2000
  2. Anderson Vs. Creighton US Supreme Court · Jun 25, 1987
  3. Malley Vs. Briggs US Supreme Court · Mar 05, 1986
  4. Wilson Vs. Layne US Supreme Court · Mar 24, 1999
  5. Harlow Vs. Fitzgerald US Supreme Court · Jun 24, 1982
  6. Vernonia School Dist. 47j Vs. Acton US Supreme Court · Mar 28, 1995
  7. Devenpeck Vs. Alford US Supreme Court · Dec 13, 2004
  8. Delaware Vs. Prouse US Supreme Court · Mar 27, 1979
  9. United States Vs. Martinez-fuerte US Supreme Court · Jul 06, 1976
  10. Brosseau Vs. Haugen US Supreme Court · Dec 13, 2004
  11. Ferguson Vs. Charleston US Supreme Court · Mar 21, 2001
  12. United States Vs. Lanier US Supreme Court · Mar 31, 1997
  13. Syllabus October Term, 2010 Ashcroft V. Al-Kidd
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  14. never called al-Kidd as a witness, and (as he alleges) never meant to do so. Al-Kidd filed suit pursuant to Bivens v. Six
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  15. at the time of the challenged conduct. Harlow v. Fitzgerald
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  16. Scott v. United
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  17. U. S. 128 , 138. Except for cases that involve special-needs, e.g., Vernonia School Dist. 47J v. Acton
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  18. U. S. 646 , 653, or administrative searches, e.g., Michigan v. Clifford
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  19. s cases eschewing inquiries into intent, e.g., Whren v. United
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  20. States , 517 U. S. 806 , 813, and Terry v. Ohio
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  21. and Breyer, JJ., joined. Kagan, J., took no part in the consideration or decision of the case. Ashcroft v. al-Kidd
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  22. Opinion of the Court Ashcroft V. Al-Kidd
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  23. Supreme Court of the United States No. 10-98 John D. Ashcroft, Petitioner V. Abdullah
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  24. later. Prosecutors never called him as a witness. In March 2005, al-Kidd filed this Bivens action, see Bivens v. Six
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  25. courts have discretion to decide which of the two prongs of qualified-immunity analysis to tackle first. See Pearson v. Callahan
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  26. under this provision, Dunaway v. New
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  27. motivating the relevant officials. Whren v. United
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  28. This approach recognizes that the Fourth Amendment regulates conduct rather than thoughts, Bond v. United
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  29. and it promotes evenhanded, uniform enforcement of the law, Devenpeck v. Alford
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  30. do matter. United States v. Knights
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  31. such as the need to deter drug use in public schools, Vernonia School Dist. 47J v. Acton
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  32. to assure that railroad employees engaged in train operations are not under the influence of drugs or alcohol, Skinner v. Railway
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  33. warrant authorizing, for example, an inspection of fire-damaged premises to determine the cause, Michigan v. Clifford
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  34. plurality opinion), or an inspection of residential premises to assure compliance with a housing code, Camara v. Municipal
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  35. Apart from those cases, we have almost uniformly rejected invitations to probe subjective intent. See Brigham City v. Stuart
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  36. previously approved vehicle checkpoints set up for the purpose of keeping off the road unlicensed drivers, Delaware v. Prouse
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  37. U. S. 648 , 663 (1979), or alcohol-impaired drivers, Michigan Dept. of State Police v. Sitz
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  38. and for the purpose of interdicting those who illegally cross the border, United States v. Martinez-Fuerte
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  39. the motives behind seizures supported by probable cause but lacking a warrant approved by a detached magistrate. Terry v. Ohio
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  40. implying (we accept for the sake of argument) that the detention would therefore be unconstitutional. United States v. Awadallah
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  41. and the Ninth Circuit in particular, see Brosseau v. Haugen
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  42. cf. Sawyer v. Smith
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  43. of little help in determining whether the violative nature of particular conduct is clearly established. See Saucier v. Katz
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  44. search and seize whatever and whomever they pleased while investigating crimes or affronts to the Crown. See Stanford v. Texas
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  45. in the consideration or decision of this case. Footnote 1 The Court of Appeals also relied upon Ferguson v. Charleston
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  46. s policy, not by a desire to call al-Kidd as a witness. Ashcroft v. al-Kidd
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  47. Kennedy, J., Concurring Ashcroft V. Al-Kidd
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  48. s separate reasonableness requirement for seizures of the person. See United States v. Watson
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  49. a high office in the Government must inform what law is clearly established for the purposes of this case. Mitchell v. Forsyth
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  50. and so are expected to adjust their behavior in accordance with local precedent. Davis v. Scherer
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