The panel decision started this way:
It was a scene right out of a Hollywood movie. On August 21, 2010, after more than a month of planning, teams from the Orange County Sheriff’s Office descended on multiple target locations. They blocked the entrances and exits to the parking lots so no one could leave and no one could enter. With some team members dressed in ballistic vests and masks, and with guns drawn, the deputies rushed into their target destinations, handcuffed the stunned occupants—and demanded to see their barbers’ licenses. The Orange County Sheriff’s Office was providing muscle for the Florida Department of Business and Professional Regulation’s administrative inspection of barbershops to discover licensing violations. We first held nineteen years ago that conducting a run-of-the-mill administrative inspection as though it is a criminal raid, when no indication exists that safety will be threatened by the inspection, violates clearly established Fourth Amendment rights. See Swint v. City of Wadley, 51 F.3d 988 (11th Cir. 1995). We reaffirmed that principle in 2007 when we held that other deputies of the very same Orange County Sheriff’s Office who participated in a similar warrantless criminal raid under the guise of executing an administrative inspection were not entitled to qualified immunity. See Bruce v. Beary, 498 F.3d 1232 (11th Cir. 2007). Today, we repeat that same message once again. We hope that the third time will be the charm.This continues the 11th Circuit's en banc history of only granting rehearing when the government loses.
10 comments:
Your sons and your daughters
Are beyond your command
Your old road is
Rapidly agin'
Please get out of the new one
If you can't lend your hand
For your times they are a-changin'
I agree with 8:17, with 5 Obama appointees(ie reasonable moderates) I doubt the guvmint has the votes this time.
En Banc means never having to live with a defense oriented opinion for too long.
WRONG.
U.S. v. Lewis, 492 F.3d 1219 (11th Cir. 2007) (en banc)(government won with 3-judge panel and lost [on legal issue] with en banc panel)
You count Lewis as a defense win? Let's see: (1) Lewis convicted in district court; (2) appeals to 11th and raises Double Jeopardy claim; (3) 11th says waived because not raised in district court; (4) defense takes en banc to argue not waived, only forfeited, and therefore must be reviewed for plain error; (5) 11th agrees with defense; (6) holds no plain error; (7) conviction affirmed.
Yes, that's a win....the same way we won Iraq.
Just in....the Eleventh has announced en banc review of the grand jury's no true bill in Ferguson to determine whether or not the state attorney erred in failing to apologize to officer Wilson and indict brown's friend for felony murder.
David stated that 11th Cir only grants en banc when government loses. Government won panel decision in Lewis and 11th Cir granted en banc. On the law, the government lost in the en banc panel.
Govt didn't really lose en banc. Conceded that defendant was right.
More en banc news. Martin stinging dissent in court's decision not to en banc defense loss.
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