United States Fourth Circuit

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Covey v. Assessor of Ohio County, 13-1227

In this case, plaintiffs assert that several government officials violated their Fourth Amendment rights by entering cartilage in search of marijuana. The district court accepted defendants' characterization of the searches as reasonable and accepted defendants' assertion that they entered the curtilage only after viewing plaintiffs from a proper vantage beyond the home's curtilage. Dismissal is reversed and remanded, where the district court failed to construe the complaint in the light most favorable to plaintiffs, as it must when ruling on a Rule 12(b)(6) motion to dismiss.

Appellate Information

  • Decided 01/26/2015
  • Published 01/26/2015

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel

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