Wednesday, August 27, 2014

People v. Lujano (Cal. Ct. App. - Aug. 26, 2014)

The trial court -- Judge Koosed in Riverside -- holds that the relevant searches were valid under the Fourth Amendment, "colorfully" stating:  "They’ve got consent up the ying-yang here."

The Court of Appeal respectfully disagrees.  At least with respect to the detention inside the home.

P.S. - I wondered if any other appellate opinion had ever previously employed the term "up the ying-yang," and as it turns out, there are indeed three of 'em.  One even from California, albeit unpublished (in 2010).  Two others, both from Massachusetts, in the 90's.  All of 'em quoting the trial court or something else below.  Because, I think, appellate tribunals tend not to use the term "up the ying-yang" themselves.

P.P.S. - Oh and, by the way, the related term "up the wazoo" has only been used in a published appellate decision once.  In the Ninth Circuit.  In 2010.  By someone you can probably guess.  Not at all quoting anything below, but rather using it himself.  (Arguing, in a concurring opinion to an en banc opinion, in relevant part that wife-beaters, "though they might use a golf club or meat cleaver to threaten their mates, aren't likely to be packing such implements up their wazoos.")