Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New case! Just as Peter and Annica Quakenbush were about to open a conservation burial ground (or green cemetery) on their heavily forested property in rural Michigan, local officials passed an ordinance banning cemeteries. But the Michigan Constitution protects the right to use property and engage in any business that doesn't harm the public. Click here to learn more.
- D.C. Circuit: Despite some pretty wild arguments to the contrary, it turns out that the president of the United States is not immune from criminal prosecution after he leaves office for illegal actions taken while in office. This has some implications for former President Donald Trump who, "[f]or the purpose of this criminal case" alleging an unlawful attempt to overturn the results of the 2020 presidential election, "has become citizen Trump."
- Forty-three (!) Pennsylvania State Police SWAT team officers execute a pre-dawn, no-knock raid on the home of a Bangor, Penn. family. In technical parlance, they beat the snot out of the family—most egregiously striking a 76-year-old woman in night clothes in the face with a shield, breaking multiple teeth and a vertebra. Family sues under Fourth Amendment for excessive force. Third Circuit: "Policing can be rough business. But the Constitution requires police to use reasonable restraint, even when force may be necessary." No qualified immunity.
- Carbon County, Penn. trooper pulls over a van with heavily tinted windows. The driver gives evasive answers when asked about the van's registration and tells a story of his travels that sounds suspicious. The van also sports an air freshener. Trooper then detains the van and driver for around an hour until a drug dog arrives, which alerts, leading to the discovery of 20 kilos of cocaine in a hidden compartment. Third Circuit: Enough reasonable suspicion to prolong the stop. Concurrence: But the air freshener wasn't suspicious.
- Concert photographer sues the website Independent Journal Review for copyright infringement after it uses one of his photos of Ted Nugent in its article "15 Signs Your Daddy Was a Conservative" (Sign 5, "He hearts 'The Nuge'"). The website defends that it made "fair use" of the photo of the Motor City Madman and, besides, only made $2-$3 on advertising from the article. Fourth Circuit: Slightly cropping a copyrighted photo of a celebrity for an article discussing that celebrity is not fair use. (Readers are invited to check out page 8 of the decision and form their own opinion.)
