Eleventh Circuit· 7/18/2018

Michael Presley v. United States

Citations

895 F.3d 1284

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that a “basic distinction between administrative summonses of business records and actual searches of things in which citizens hold a reasonable expectation of privacy means a separate Fourth Amendment standard applies to each circumstance”
recognizing that a “basic distinction between administrative summonses of business records and actual searches of things in which citizens hold a reasonable expectation of privacy means a separate Fourth Amendment standard applies to each circumstance”
explaining that “[p]laintiffs [who] contest only others’ privacy rights . . . ordinarily lack Fourth Amendment standing”
“[S]tanding under the Fourth Amendment is not jurisdictional; instead, we analyze it as a merits issue.”
applying this mixed standing and merits analysis to address civil plaintiff’s substantive Fourth Amendment claim that it held a reasonable expectation of privacy in financial records held by a bank
“In other words, when it comes to the IRS’s issuance of a summons, compliance with the Powell factors satisfies the Fourth Amendment’s reasonableness requirement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilson, Rosenbaum, Titus

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Cited by

7 cases in this archive cite this case.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

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