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  Tuesday, October 30, 2018  
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
Constitutional Law
A police officer's entry into plaintiff's home without consent or a warrant in the course of a civil fraud investigation related to plaintiff's disability benefits claim was an unreasonable search under the Fourth Amendment. However, the officer had qualified immunity from suit because the right to be free from a search in the context of a civil or administrative investigation related to a determination of benefits had not been clearly established as of October 2012.

Whalen v. McMullen - filed Oct. 30, 2018
Cite as 2018 S.O.S. 17-35267
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Criminal Law and Procedure
Circuit precedent establishing that "participating" in a scheme to defraud is forbidden by the mail and wire fraud statutes does not amount to the creation of a common-law crime in violation of separation-of-powers principles. A defendant will not qualify for a two-level "organizer" enhancement under U.S.S.G. Sec. 3B1.1(c) unless there is evidence he exercised control over another participant, or was able to influence that participant.

United States v. Holden - filed Oct. 30, 2018
Cite as 2018 S.O.S. 16-30186
Full text click here
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