A quick note from a sec. 1983 case today.
In Brewster v. Beck, --- F.3d ---, No. 15-55479 (9th Cir. 2017), the Court reversed the district court’s dismissal of an
action alleging that Los
Angeles police officers violated plaintiff’s Fourth
Amendment rights when they impounded her vehicle for
30 days pursuant to California Vehicle Code section
14602.6(a)(1).
There is some good language for criminal suppression motions (citations omitted):
The Fourth Amendment doesn’t become irrelevant once an initial seizure has run its course. A seizure is justified under the Fourth Amendment only to the extent that the government’s justification holds force. Thereafter, the government must cease the seizure or secure a new justification.
