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Tag: Fourth Amendment

November 02, 2018

Weekly litigation report — November 2, 2018

Knick to be reargued The court has ordered Knick v. Scott Township for reargument. In this order the Court has asked Ms. Knick to file a supplemental briefs by the end of the month with the town’s reply due just before Christmas. The issue the court is asking for more briefing on was raised in oral ...

August 18, 2018

Weekly litigation report — August 18, 2018

Opening day for SCOTUS nears as PLF readies to throw first pitch This week Pacific Legal Foundation filed its Reply Brief in Weyerhaeuser v. U.S. Fish & Wildlife Service, a case that arises from the Fifth Circuit and involves our client Edward Poitevent's property in the deep woods of Louisiana. The Supreme Court of the ...

June 16, 2018

Weekly litigation report — June 16, 2018

Victory for the First Amendment! Challenging Florida's Tone Deaf Hearing Aid Bureaucrats Supreme Court Splits on Salmon Santa Barbara Association of Realtors v. City of Santa Barbara Victory for the First Amendment! Political speech is the most protected type of speech in the country – including in the most restricted space in American civic life ...

April 26, 2018

Post script on California home school bill showdown: Orwell channels James Madison

Many thanks to PLF colleague Tim Snowball for his expert and tireless coverage of yesterday’s hearing in the California Assembly Education Committee, on Riverside Assemblyman Jose Medina’s bill to subject home school families to state inspection of their homes and state review of their curriculum. Much has been made, and rightly so, of ...

May 30, 2017

Victory in residential rental inspection case

Warrantless inspections of residential rental properties are a source of controversy in many California cities. Take, for example, the City of Highland located in San Bernardino County. The City adopted a Residential Rental Enhancement Program requiring an inspection of all residential rental properties. Pursuant to the Program, city inspectors cou ...

April 12, 2017

Florida city unconstitutionally authorizes public trespassing

In recent years, many local and state governments have used crafty methods to take access to private beaches without first paying for the right. Governments have imposed easements on private land, declared private land public, declared a right of custom where none existed, and attempted to expand the public trust doctrine beyond its limit. Today, ...

August 31, 2016

PLF's challenge to warrantless searches highlighted in Long Beach Business Journal

Earlier this month, the Long Beach Business Journal published an article expressing concerns about mandatory property inspections.  Although both tenants and landlords complain about the rental inspection process, the article states that “Long Beach has not faced practices that go against any laws, but landlords and tenants are concerned th ...

July 14, 2016

PLF's warrantless inspection case garners significant media attention

Yesterday, PLF launched a major civil rights case challenging an unconstitutional warrantless inspection scheme in Highland, California.  As noted in our complaint, the City is telling our client, property owner Karl Trautwein, that he will no longer be able to rent out his house if he does not consent to a warrantless inspection. The CityR ...

July 13, 2016

PLF sues Highland for warrantless snooping on rental property

The City of Highland is violating fundamental constitutional rights by trying to coerce landlords and tenants into surrendering their freedom from unjustified, warrantless government intrusion on their property. So argues a new federal lawsuit against the city.  It challenges the city's attempt to pressure a rental property owner and his tenants i ...

May 27, 2016

Access Regulation remains in effect for now

Yesterday a federal district court denied PLF’s motion to enjoin the ALRB’s Union Access Regulation. As you may remember, the regulation allows union organizers to conduct disruptive protests on the private property of agricultural employers in California. ...

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