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· 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 CourtListener

Sourced 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.