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Thread: Fourth Amendment Suit for Deleting a Picture from Plaintiff’s Camera. Kerr @ Volokh

  1. #1
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    Fourth Amendment Suit for Deleting a Picture from Plaintiff’s Camera. Kerr @ Volokh

    "The next question is whether McIntyre’s deletion of the photograph of his own license plate from the digital storage device of plaintiff’s camera constituted an unlawful seizure of plaintiff’s property in violation of the Fourth Amendment. McIntyre does not even attempt to argue that his actions did not constitute a seizure under the Fourth Amendment. Instead, he asserts that, even if there was a violation of plaintiff’s Fourth Amendment rights, it is not actionable because it caused only de minimis injury. Indeed, the Supreme Court has acknowledged that there is “a de minimis level of imposition with which the Constitution is not concerned.” Ingraham v. Wright, 430 U.S. 651, 674, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977). McIntyre relies upon three Fourth Amendment cases to support his argument that the deletion of plaintiff’s photograph was only a de minimis violation."

    http://www.volokh.com/2013/09/11/fou...ntiffs-camera/

    Just a little bit of information was deleted. The Leviathan protects itself.
    I am responsible for my writing, not your understanding of it.

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    the police had received various complaints that the plaintiff was causing concern because he was taking pictures of lots of people and cars in town

    So if we start deleting the cop's photographs of cars, that too would not be an issue?

    Oh wait, I don't think so...

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