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Muehler v. Mena : ウィキペディア英語版 | Muehler v. Mena
''Muehler v. Mena'', , was a unanimous decision by the United States Supreme Court, which held that the Fourth Amendment to the United States Constitution allows detention of an occupant in handcuffs while a search is being conducted, and that it does not require officers to have an independent reasonable suspicion before questioning a subject about their immigration status. ==Background== Police officers executed a warrant to search Iris Mena's house for deadly weapons and evidence of gang membership. Mena had rented a room in her house to a gang member who was a suspect in a drive-by shooting. At 7 a.m. on February 3, 1998, petitioners, along with the SWAT team and other officers, executed the warrant. Mena was asleep in her bed when the SWAT team, clad in helmets and black vests, entered her bedroom and placed her in handcuffs at gunpoint. The SWAT team also handcuffed three other individuals found on the property. Mena was then detained in her garage for two to three hours in handcuffs under the guard of two officers. Mena brought a § 1983 suit against the officers, alleging that she was detained “for an unreasonable time and in an unreasonable manner” in violation of the Fourth Amendment. In addition, she claimed that the warrant and its execution were overbroad, that the officers failed to comply with the “knock and announce” rule, and that the officers had needlessly destroyed property during the search. After a trial, a jury, found that Officers Muehler and Brill violated Mena's Fourth Amendment right to be free from unreasonable seizures by detaining her in so long and awarded Mena $60,000 in actual and punitive damages. The U.S. Court of Appeals for the Ninth Circuit affirmed the verdict and the damages.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Muehler v. Mena」の詳細全文を読む
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