· 10/15/2004
Roy L. Bourgeois v. Bobby Peters
Citations
- 387 F.3d 1303
- 2004 U.S. App. LEXIS 21487
- 2004 WL 2320265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that transborder travel is a 13 context in which compelling state interests diminish an individual’s expectation of privacy
- rejecting city’s argument that participants at a demonstration consented to search because they were not compelled to submit to search, but rather choose to participate in the protest
- rejecting general evidence of a threat of terrorism, such as the Department of Homeland Security’s elevated threat advisory level, as insufficient to justify a “special needs” exception to a suspi-cionless search
- “This is a classic ‘unconstitutional condition,’ in which the government conditions receipt of a benefit or privilege on the relinquishment of a constitutional right.”
- “[W]e conclude that one year is an insufficient amount of time for a district court, circuit court of appeals, and Supreme Court to adjudicate the typical case.”
- “The doctrine of unconstitutional conditions prohibits terminating benefits, though not classified as entitlements, if the termination is based on motivations that other constitutional provisions proscribe.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Birch, Goodwin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.