Soldal v. Cook County

Finally, saying that "certain wrongs affect more than a single right", the Court left open the possibility that the Fourteenth Amendment's protections against deprivation of property without due process of law may also be implicated.

Plaintiffs Edward and Mary Soldal and family owned a mobile home, and lived on a lot of land that they were renting in a trailer park in Elk Grove, Illinois.

The right against unreasonable seizures would be no less transgressed if the seizure of the house was undertaken to collect evidence, verify compliance with a housing regulation, effect an eviction by the police, or on a whim, for no reason at all.That afternoon, two Terrace employees, accompanied by a deputy sheriff, began wrenching the sewer and water boxes off the side of the mobile home, causing damage to it.

However, the District Judge granted the defendants' motion for summary judgment, on the grounds that the Soldals had failed to cite any evidence to support their conspiracy theory.

[1] On rehearing, a majority of the Seventh Circuit, sitting en banc with a full complement of 11 judges, reaffirmed the panel decision by a narrow 6–5 margin.

[9] In their unanimous ruling, the Supreme Court Justices said, "As a result of the state action in this case, the Soldals' domicile was not only seized, it literally was carried away, giving new meaning to the term 'mobile home'.

In United States v. Place, although the Court found that subjecting luggage to a "dog sniff" did not constitute a search for Fourth Amendment purposes because it did not compromise any privacy interest, they also found that taking custody of Place's suitcase was deemed an unlawful seizure, for it unreasonably infringed upon "the suspect's possessory interest in his luggage.

The Court held that: In our view, the reason why an officer might enter a house or effectuate a seizure is wholly irrelevant to the threshold question whether the Amendment applies.

[2]What is more, the Court reasoned, their decisions involving the "plain view doctrine" go against the notion that the Fourth Amendment proscribes unreasonable seizures of property only where privacy or liberty is also implicated.

Suppose, for example, that police officers lawfully enter a house, by either complying with the warrant requirement or satisfying one of its recognized exceptions (e.g., through a valid consent or a showing of exigent circumstances) — If they come across some item in plain view and seize it, no invasion of personal privacy has occurred.

[15] If the boundaries of the Fourth Amendment were defined exclusively by rights of privacy, "plain view" seizures would not implicate that constitutional provision at all.

[18] Saying that "we doubt that the police will often choose to further an enterprise knowing that it is contrary to the law",[19] the Court rejected the notion that this case will unleash a wave of new litigation.