United States v. Edward Sullivan (2014)

In its Answering Brief, the Government concedes, citing United States v. Sullivan, 753 F.3d 845, 855-56 (9th Cir. 2014), 11 that it did not present sufficient evidence to show that the 16-month delay between the seizure of the Car Phones and the officers’ obtaining a warrant to search them was reasonable under the Fourth Amendment, and that the district court therefore erred in denying Lustig’s motion.

United States v. Sullivan, 753 F.3d 845, 854 (9th Cir.2014) (citing United States v. Gallenardo, 579 F.3d 1076, 1081 (9th Cir.2009)); see also 18 U.S.C. § 2252A(a)(5)(B).

“Accordingly, five justices agreed that the Commerce Clause gives Congress authority only to regulate commerce, not to compel it.” United States v. Sullivan, 753 F.3d 845, 854 (9th Cir.2014).

Samson, 547 U.S. at 850 , 126 S.Ct. 2193 ; see United States v. Huart, 735 F.3d 972, 975 (7th Cir.2013); United States v. Sullivan, 753 F.3d 845, 855 (9th Cir.2014).

United States v. Sullivan, 753 F.3d 845, 855 (9th Cir.2014) (citing Place, 462 U.S. at 703 , 103 S.Ct. 2637 ), DISCUSSION These cross-motions for summary judgment center on a fairly straightforward question: assuming that Plaintiffs’ vehicles were lawfully seized in the first place, whether their thirty-day impoundment can be justified under the Fourth Amendment.

“To 15 determine whether a prolonged warrantless seizure was reasonable, a reviewing court will 16 ‘balance the nature and quality of the intrusion on the individual’s Fourth Amendment interests 17 against the importance of the governmental interests alleged to justify the intrusion.’” Sandoval, 18 72 F. Supp. 3d at 1009 (quoting United States v. Sullivan, 753 F.3d 845, 855 (9th Cir. 2014)). 19 On reply, San Mateo argues that “[t]he ongoing impoundment of the Vehicle remaine…

See, e.g., United States v. Sullivan, 753 F.3d 845, 854 (9th Cir.2014) (rejecting Sebelius-based challenge to federal child-pornography statutes); United States v. Roszkowski, 700 F.3d 50, 57-59 (1st Cir.2012) (rejecting Sebeliusp-based challenge to statute which prohibits "convicted felons from possessing a firearm in or affecting commerce") (internal quotations omitted). 7 .

See United States v. Sullivan, 753 F.3d 845, 854 (9th Cir.2014) (holding that the intrastate production and possession of child pornography did not “compel commerce, but merely regulate[d] an activity that Congress could rationally determine would *729 affect interstate commerce, taken in the aggregate”).