Showing posts with label Issue Preclusion. Show all posts
Showing posts with label Issue Preclusion. Show all posts

Ninth Circuit: Pike v. Hester


State Judicial Court finding granting an order of protection based on conduct that would be excused if lawful has preclusive effect under state's doctrine of issue preclusion in a subsequent S1983 action claiming a 4A violation on the search.

Dissent -- Parties didn't raise the issue, night-time dog-sniff of public employee's desk doesn't violate the 4A.