The Yale Law Journal

Ninth Circuit cites Vol. 125 Article

Tracy Nelson
04 Aug 2018

In Mendez v. County of Los Angeles, the Ninth Circuit considered whether an unlawful entry was the proximate cause of the plaintiff's injury. Nos. 13-56686, 2018 WL 3595921 (9th Cir. 2018). This case arose out of  § 1983 claims brought by a man who was shot during a warrantless search of a wooden shack. Judge Gould cited Maureen E. Brady's The Lost “Effects” of the Fourth Amendment: Giving Personal Property Due Protection, 125 Yale L.J. 946, 991 (2016) to acknowledge historical indications that "the point of the Fourth Amendment's prohibition against trespass into homes was in part to prevent damage done by the trespassers." 2018 WL 3595921 at *6. Brady's Article argues that personal property in public space should receive greater constitutional protection than it often receives. It provides historical background for the Fourth Amendment to support this assertion and advances a contextualized framework in which Fourth Amendment interests should be considered.