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MOORE v. ANDRENO

Docket Nos. 06-3623-cv(L), 06-3748(XAP).

505 F.3d 203 (2007)

Richard B. MOORE, Plaintiff-Appellee-Cross-Appellant, v. Joseph A. ANDRENO, Delaware County Deputy Sheriff and Kurt R. Palmer, Delaware County Deputy Sheriff, Defendants-Cross-Claimants-Appellants-Cross-Appellees, County of Delaware and Thomas Mills, Delaware County Sheriff, Defendants-Cross-Claimants, Ruth M. Sines, Defendant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: October 22, 2007.

Attorney(s) appearing for the Case

Frank W. Miller, East Syracuse, N.Y., for Defendants-Cross-Claimants-Appellants-Cross-Appellees.

Terrence P. O'Leary, Walton, N.Y., for Plaintiff-Appellee-Cross-Appellant.

Before: WALKER and SACK, Circuit Judges, and DANIELS, District Judge.

JOHN M. WALKER, JR., Circuit Judge:

Courts have long acknowledged that a person has the right to establish a private sanctum in a shared home, a place to which he alone may admit or refuse to admit visitors. Yet, with the recurrence of domestic violence in our society, we are loath to assume that a man may readily threaten his girlfriend, take her belongings, lock her out of part of his house, and then invoke the Fourth Amendment to shield his actions. Deputies Joseph...

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