Question

Scott asserts a federal cause of action against Officer under $1983 for violation of his

constitutional rights. Scott alleges that Officer violated his Fourth Amendment Rights by
searching through his trash that was left at the curb. The Supreme Court, however, has held
that searching through someone's trash left outside on the curb is not a violation of the Fourth
Amendment. The court could potentially dismiss the case on this basis if the Officer raises this
argument:
a- In a motion to dismiss for failure to state a claim under Rule 12(b)(6)
b- In a motion for summary judgment under Rule 56
c- In a motion for judgment as a matter of law under Rule 50
d-Any of the above

Answer 1

The Officer can potentially dismiss the case by raising the argument that searching through someone's trash left outside on the curb is not a violation of the Fourth Amendment. The Officer could file a motion to dismiss, a motion for summary judgment, or a motion for judgment as a matter of law.

Step-by-step explanation:

The Officer can potentially dismiss the case by raising the argument that searching through someone's trash left outside on the curb is not a violation of the Fourth Amendment. In this scenario, the Officer could file a motion to dismiss for failure to state a claim under Rule 12(b)(6), a motion for summary judgment under Rule 56, or a motion for judgment as a matter of law under Rule 50. Therefore, the correct answer is d- Any of the above.