March 11, 2011

Judicial Understatement of the Day

From a case I found doing research today, US v. Henderson, 536 F.3d 776 (7th Cir. 2008).

Cops were called to a home to investigate a domestic disturbance.  Wife was outside the house with injuries.  Said husband, Henderson, was inside, there were guns in the house, and he had a history of drug and gun arrests.  Police, using a key provided by son (who arrived on the scene) entered the house.

As the court explained:
After a brief exchange, Henderson told the officers to '[g]et the fuck out of my house' - which the district court reasonably construed as an objection to a search.
Indeed!

By the way, the majority censored Henderson's statement, which the dissent did not, so I present it in its full vulgarity.  As I've said before, if you're going to send somebody to prison for years (Henderson lost this case, by the way), at least have the courtesy to repeat his words accurately (or not at all, if they're not relevant).  It's not like impressionable kids trawls the Federal Reports looking for exciting new ways to curse.

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