Opinion

Anobile v. Pelligrino

  • 303 F.3d 107
  • 2002 WL 1912017
Court
Court of Appeals for the Second Circuit
Filed
Mar 6, 2002
Status
Published
Author
Graafeiland
On the bench
Graafeiland, Parker, Underhill
Cited by
60 cases
Authority
More cited than 18.3%

finding consent to search racetrack dormitories where New York racing industry employees lived involuntary where the employment license application the employees signed included notice of possible room searches but there was no evidence that employees knew of right to refuse consent

How later courts described this case

  • finding consent to search racetrack dormitories where New York racing industry employees lived involuntary where the employment license application the employees signed included notice of possible room searches but there was no evidence that employees knew of right to refuse consent
  • concluding that “acquiescence to a blanket waiver of the right to object to any future searches of the plaintiffs’ residences” as a condition of receiving a commercial license cannot be treated as consent in the Fourth Amendment context
  • concluding 12 that the signing of a license application, which contained an express waiver of the right to object to searches, did not constitute an effective consent to residential searches
  • rejecting an assertion that racetrack employees, by signing a license with a “a blanket waiver of the right to object to any future searches,” gave an effective consent to search their dormitory rooms, because “there [was] no evidence demonstrating that the plaintiffs were aware of their right to refuse to give consent to this unconstitutional search or indeed whether they could refuse and still obtain employment”

Written by the judges who cited it.

The opinion

VAN GRAAFEILAND, Judge.

Supplemental dissent:

When I wrote my dissent to my colleague’s amended majority opinion, I expressed a concern that I might be “wearing out my welcome.” Anobile v. Pelligrino, 284 F.3d 104, 123 (2d Cir.2002). Accordingly, I will limit my hopefully final comments to the following question:

If the contents of the plaintiffs cubicle included a terrorist bomb powerful enough to demolish the track’s grandstand, would my colleagues continue to insist that the cubicle was the plaintiffs “home”?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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