Difference between revisions of "Soldal v. Cook County"

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(Fourth Am case)
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Revision as of 02:27, August 17, 2015

In Soldal v. Cook County, 506 U.S. 56, 72 (1992), the U.S. Supreme Court held that the Fourth Amendment protects against the removal of one's mobile home with the approval of governmental officials.

Justice White, delivering the opinion for a unanimous court, held that:

“ the complaint here alleges that respondents, acting under color of state law, dispossessed the Soldals of their trailer home by physically tearing it from its foundation and towing it to another lot. Taking these allegations as true, this was no "garden-variety" landlord-tenant or commercial dispute. The facts alleged suffice to constitute a "seizure" within the meaning of the Fourth Amendment, for they plainly implicate the interests protected by that provision. ”

Id. at 72.