Soldal v. Cook County, 506 U.S. 56, 2 (1992)

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Cite as: 506 U. S. 56 (1992)

Opinion of the Court

peals' position, the Amendment protects seizures even though no search within its meaning has taken place. See, e. g., Jacobsen, supra, at 120-125. Also contrary to that court's view, Graham v. Connor, 490 U. S. 386, does not require a court, when it finds that a wrong implicates more than one constitutional command, to look at the dominant character of the challenged conduct to determine under which constitutional standard it should be evaluated. Rather, each constitutional provision is examined in turn. See, e. g., Hudson v. Palmer, 468 U. S. 517. Pp. 61-71. (b) The instant decision should not foment a wave of new litigation in the federal courts. Activities such as repossessions or attachments, if they involve entering a home, intruding on individuals' privacy, or interfering with their liberty, would implicate the Fourth Amendment even on the Court of Appeals' own terms. And numerous seizures of this type will survive constitutional scrutiny on "reasonableness" grounds. Moreover, it is unlikely that the police will often choose to further an enterprise knowing that it is contrary to the law or proceed to seize property in the absence of objectively reasonable grounds for doing so. Pp. 71-72. 942 F. 2d 1073, reversed and remanded.

White, J., delivered the opinion for a unanimous Court.

John L. Stainthorp argued the cause and filed briefs for petitioners.

Kenneth L. Gillis argued the cause for respondents. With him on the brief were Jack O'Malley, Renee G. Gold-farb, and Kenneth T. McCurry.*

Justice White delivered the opinion of the Court.

I

Edward Soldal and his family resided in their trailer home, which was located on a rented lot in the Willoway Terrace

*James D. Holzhauer, Timothy S. Bishop, John A. Powell, Steven R. Shapiro, Harvey M. Grossman, and Alan K. Chen filed a brief for the American Civil Liberties Union et al. as amici curiae urging reversal.

Richard Ruda, Carter G. Phillips, Mark D. Hopson, and Mark E. Haddad filed a brief for the National League of Cities et al. as amici curiae urging affirmance.

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