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Audio of the opinion of the Supreme Court in District of Columbia v. Wesby (2018). The two questions before the Court were: 1) whether the arresting officers had probable cause to arrest for unlawful entry under District law, despite a claim of good-faith entry, and 2) whether the law was sufficiently clearly-established to justify the denial of immunity to the arresting officers. But, mostly, I just read this case today because it's an interesting case that all the justices agreed upon (for the most part). And I really needed that. Access the full SCOTUS case with citations and other essential information here. Music by Epidemic Sound
Today's show will be a good one as we will be discussing the latest in HBCU news and sports. James Wesby joins the show to discuss HBCU marching bands and the HBCU Marching Sport Poll Rankings for Week 10.
Theo says he’s tired of MJ’s lazy, bratty, and sneaky behavior. He says MJ’s mysterious male friends have jetted her off on a vacation, given her money, and call her at all hours of the night. With that, Theo says MJ refuses to get a real job, because he believes she resorts to getting money from mysterious male friends. MJ says Theo is the one that is ruining their relationship. She says he’s controlling, constantly acts like they don’t have a future, and accuses her of getting money from men in return for sexual favors.
Tess and Trevis introduce themselves and get started talking about their first cases! Tess talks about a wild house party. Trevis discusses a firefighter who is afraid of fire. Follow us on social media! Instagram: @disorderinthecourtpod Twitter: @disorderpod Or email us comments and case suggestions at disorderinthecourtpod@gmail.com Sources for this episode include: District of Columbia v. Wesby, 138 S.Ct. 577 (2018). D.C. Code § 22-3302 D.C. Code § 22-1321 Ephrat Livni, The US Supreme Court's Funniest Cases are the Ones You Never Hear About, QUARTZ (Mar. 18, 2018) https://qz.com/1229911/the-us-supreme-courts-funniest-cases-are-the-ones-you-never-hear-about/. City of Houston v. Proller, Texas Supreme Court, No. 12-1006 (2014).
This case, otherwise known as the Peaches’ House Party Case, deals with probable cause and qualified immunity of police officers. Justice Thomas wrote the opinion for a unanimous court overturning judgments of almost $1,000,000 awarded to partygoers for what the lower court found to be their unlawful arrest. Turns out, the plaintiffs had entered an unoccupied house and, well, had a party. When neighbors complained and the police showed up, some of the partygoers were arrested. The post The Law episode 55: DC v. Wesby appeared first on Speakeasy Ideas.
This week's episode welcomes back Nazim by covering recent decisions issued by the Court. It's a banner week for Clarence Thomas, as in one case he ruins a house party (D.C. v. Wesby), and the other involves he discounts an incredibly racist juror affidavit (Tharpe v Sellers). Law starts at (07:20).
in re: probable cause to enter and arrest.
On January 22th, the Supreme Court handed down a decision for District of Columbia v. Wesby. In this case, law enforcement officers responded to noise complaints of a party going on in a home where the owner was not present. The officers removed partiers from the premises though the partiers thought that their host, a renter, had attained permission for the party. The case seeks to answer two questions: First, whether officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry? Second, whether the law was sufficiently clearly established to justify the denial of immunity to the officers?Bryan Weir joins us to discuss the implications of the decision. Featuring:Bryan Weir, Associate, Consovoy McCarthy Park PLLC. Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
On January 22th, the Supreme Court handed down a decision for District of Columbia v. Wesby. In this case, law enforcement officers responded to noise complaints of a party going on in a home where the owner was not present. The officers removed partiers from the premises though the partiers thought that their host, a renter, had attained permission for the party. The case seeks to answer two questions: First, whether officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry? Second, whether the law was sufficiently clearly established to justify the denial of immunity to the officers?Bryan Weir joins us to discuss the implications of the decision. Featuring:Bryan Weir, Associate, Consovoy McCarthy Park PLLC. Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
This week's episode covers District of Columbia v. Wesby, a case that appears super interesting at a surface level (house-parties, cops, possible strippers), but is sort of boring a few meters deep (probable cause, qualified immunity, mens rea). Brett and Nazim get into the details, but not before breaking out a 8 movie bracket to determine the best house party movie of all time. Law starts at (03:40), House Party nonsense from (11:19-23:05).
On October 4, 2017, the Supreme Court held oral arguments on District of Columbia v. Wesby and Class v. United States. In District of Columbia v. Wesby, law enforcement officers responded to noise complaints of a party going on in a home where the owner was not present. The officers removed partiers from the premises though the partiers thought that their host, a renter, had attained permission for the party. The case seeks to answer two questions: First, whether officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry? Second, whether the law was sufficiently clearly established to justify the denial of immunity to the officers?In Class v. United States, Rodney Class pled guilty in a district court to possession of three firearms on United States Capitol grounds. He later appealed to the U.S. Court of Appeals for the District of Columbia Circuit on grounds of constitutional error and statutory error but was affirmed as guilty under his original guilty plea. Does a guilty plea waive a defendant’s right to challenge the constitutionality of his conviction? William Haun, an associate of the Antitrust and Litigation Groups at Shearman & Sterling LLP, joined us to discuss the oral arguments and potential impact of the cases.Featuring:William J. Haun, Associate, Shearman & Sterling LLP
On October 4, 2017, the Supreme Court held oral arguments on District of Columbia v. Wesby and Class v. United States. In District of Columbia v. Wesby, law enforcement officers responded to noise complaints of a party going on in a home where the owner was not present. The officers removed partiers from the premises though the partiers thought that their host, a renter, had attained permission for the party. The case seeks to answer two questions: First, whether officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry? Second, whether the law was sufficiently clearly established to justify the denial of immunity to the officers?In Class v. United States, Rodney Class pled guilty in a district court to possession of three firearms on United States Capitol grounds. He later appealed to the U.S. Court of Appeals for the District of Columbia Circuit on grounds of constitutional error and statutory error but was affirmed as guilty under his original guilty plea. Does a guilty plea waive a defendant’s right to challenge the constitutionality of his conviction? William Haun, an associate of the Antitrust and Litigation Groups at Shearman & Sterling LLP, joined us to discuss the oral arguments and potential impact of the cases.Featuring:William J. Haun, Associate, Shearman & Sterling LLP
One of the most important doctrines in civil rights litigation is qualified immunity, which holds police officers and other officials immune from suit for constitutional violations unless they act incompetently or knowingly violate the law. This Supreme Court term may mark an important inflection point for the doctrine. In recent years, the Court has aggressively enforced immunity that protects officers from suits, but last term Justice Clarence Thomas called for the doctrine of qualified immunity to be reconsidered. On Wednesday, October 4th, the Supreme Court will hear oral argument in District of Columbia v. Wesby, the latest case that involves this doctrine of qualified immunity. Professor William Baude of the University of Chicago joined us for a Teleforum on the current state of the Supreme Court's qualified immunity jurisprudence and its trajectory in light of Wesby and other cases.Featuring: Prof. William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School
Argued 10/4/2017. Description from Oyez.org: "A case in which the Court will decide whether officers have probable cause to arrest for unlawful entry under D.C. law despite a claim of good-faith entry and whether the relevant law was sufficiently clearly established to justify the denial of immunity to the officers."
One of the most important doctrines in civil rights litigation is qualified immunity, which holds police officers and other officials immune from suit for constitutional violations unless they act incompetently or knowingly violate the law. This Supreme Court term may mark an important inflection point for the doctrine. In recent years, the Court has aggressively enforced immunity that protects officers from suits, but last term Justice Clarence Thomas called for the doctrine of qualified immunity to be reconsidered. On Wednesday, October 4th, the Supreme Court will hear oral argument in District of Columbia v. Wesby, the latest case that involves this doctrine of qualified immunity. Professor William Baude of the University of Chicago joined us for a Teleforum on the current state of the Supreme Court's qualified immunity jurisprudence and its trajectory in light of Wesby and other cases.Featuring: Prof. William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School
District of Columbia v. Wesby | 10/04/17 | Docket #: 15-1485
To get live links to the music we play and resources we offer, visit This show includes the following songs: The Vespers - Break The Cycle Taylor Sweet (writer Paul Cook) - That'll Do Elizabeth Butler - Love Over Logic Three And Me - Count The Cost Helen Agnes D – Apart Lilt - Don't Tell Me Megan Wesby (writer Cindy S Fong) - When The Boys Ain't Around PURCHASE ON ITUNES For Music Biz Resources Visit Visit our Sponsor: Purchase by PJ Brunson Visit our Sponsor: Purchase "I Believe In More" at Visit our Sponsor: Purchase Music from Olivia Frances:
To get live links to the music we play and resources we offer, visit This show includes the following songs: The Vespers - Break The Cycle Taylor Sweet (writer Paul Cook) - That'll Do Elizabeth Butler - Love Over Logic Three And Me - Count The Cost Helen Agnes D – Apart Lilt - Don't Tell Me Megan Wesby (writer Cindy S Fong) - When The Boys Ain't Around PURCHASE ON ITUNES For Music Biz Resources Visit Visit our Sponsor: Purchase by PJ Brunson Visit our Sponsor: Purchase "I Believe In More" at Visit our Sponsor: Purchase Music from Olivia Frances:
To get live links to the music we play and resources we offer, visit This show includes the following songs: The Vespers - Break The Cycle Taylor Sweet (writer Paul Cook) - That'll Do Elizabeth Butler - Love Over Logic Three And Me - Count The Cost Helen Agnes D – Apart Lilt - Don't Tell Me Megan Wesby (writer Cindy S Fong) - When The Boys Ain't Around PURCHASE ON ITUNES For Music Biz Resources Visit Visit our Sponsor: Purchase by PJ Brunson Visit our Sponsor: Purchase "I Believe In More" at Visit our Sponsor: Purchase Music from Olivia Frances: