Question
Central City police get a tip that Milton Miller, a man wanted on a variety of security fraud charges, is staying with his brother on
Central City police get a tip that Milton Miller, a man wanted on a variety of security fraud charges, is staying with his brother on a farm near the edge of town. The police have come under sharp criticism from both the mayor and the local news media for letting Miller escape
from their custody three months ago. To try to recoup some reputation, Chief Harley Davidson calls the editor of the local newspaper, the central Courier, and asks him if he would like to send a reporter and a photographer along when officers to execute the search
warrant. The editor says sure and dispatches a team to go with the police. Officers quietly surround the house, and then Chief Davidson, two men, and the journalists enter the house through the front door. Miller's sister-in-law, who is holding a small baby, tells the reporters
they have no right to enter into private property and asks them to leave. But they stay, continuing to snap pictures after Chief Davidson announces to the occupants that the journalists have his permission to be there. With kids screaming and crying and the sister-in-law protesting, the officers find Miller hiding in a closet, put him in handcuffs, and march him outside. Miller is taken to the courthouse where he is arraigned on a variety of charges and carted off to jail.
Milton Miller, his wife, his brother, and his sister-in-law bring a lawsuit for trespass against the Courier and against the police chief for permitting the journalists to enter their home without permission. They claim a violation of their Fourth Amendment rights in the latter
lawsuit. Davidson argues that the reporter and photographer were fulfilling a valuable law enforcement purpose when they entered the home to document the arrest. Lawyers for the Courier argue that as long as the police gave permission, the journalists had the right to enter
private property.
- Facts - Write a brief summary of the case.
- Issue - What legal issue is at hand? Write the issue in a one-sentence question.
- Rule - What laws, precedent (Hanlon v. Berger) are relevant to the case? IF the laws have criteria to be applied, what are they?
- Analysis - Apply the rule of law to the facts of the case.
- Conclusion - What should the final outcome of the case?
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