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Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
State v. Walker-Brazie
Ruled that evidence seized by Border Patrol was inadmissible in a state criminal proceeding when that search did not comply with the state constitution
People v. House
Dissent would have held mandatory minimum life sentence for murder as a young adult offender does not violate state constitution's proportionate penalties clause as applied
State v. Hubbard
Ruled statute requiring offenders who committed offenses prior to effective date of statute to enroll in a violent offender database did not violate retroactivity clause
People v. McCavitt
Dissent wrote that post-acquittal search of defendant’s computer hard drive without a new warrant violated guarantees against unreasonable searches and seizures
Guns Save Life, Inc. v. Ali
Ruled county ordinances taxing retail purchase of firearms and ammunition burdened a fundamental right and violated state constitution’s uniformity clause
State v. Robison
Ruled statute requiring district courts to determine damages for criminal restitution orders violated state constitution’s jury trial right
State v. Correa
Ruled that a warrantless canine sniff of the door to a motel room is a search and violates the state constitution
Edwards v. Commonwealth
Ruled that whistleblower act’s limitation on governor’s power to remove an administrative agency chair did not violate separation of powers principles
People v. Torres
Ruled city law imposing criminal liability on drivers injuring pedestrians or bicyclists did not violate due process under state and federal constitutions nor was it preempted
