# United States v. Carpenter, Sheila

> Court of Appeals for the Sixth Circuit · March 9, 2004 · 360 F.3d 591

URL: https://www.frixlaw.com/law-library/cases/9813534

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Lonnie D. CARPENTER (01-5368) and Sheila J. Carpenter (01-5370), Defendants-Appellants/Cross-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 9, 2004
- **Citations:** 360 F.3d 591; 2004 WL 419906
- **Precedential status:** Published
- **Opinion:** Dissent by Martin
- **Judges:** Batchelder, Boggs, Clay, Cole, Daughtrey, Gibbons, Gilman, Martin, Moore, Siler
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9813534

## Opinion text

BOYCE F. MARTIN, JR., Circuit Judge,
dissenting.
I join Judge Moore’s very persuasive dissent and add only the following. Given the sophisticated technologies that the police now have at their disposal, as well as the wide discretion that they currently enjoy, it is especially important that we are careful not to expand their powers beyond what is authorized by the Constitution. In this case, the Constitution has been set aside in the name of expediency. Regrettably, we have descended further down that slippery slope of post-hoc rationalization, where everything that the police do becomes acceptable when viewed in retrospect.
For the reasons set forth by Judge Moore and for these reasons, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9813534. Public record. Not legal advice.