Probable cause refers to a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched (for a search).
Probable cause is a Fourth...
Probable cause refers to a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched (for a search).
Probable cause is a Fourth...
Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or...
Reasonable suspicion is a legal standard used in criminal procedure that allows law enforcement officers to assess the justification for their decision to conduct a search.
When an officer stops an individual for a search,...
On August 2, 2009 around 2:30 p.m., David Riley, an alleged member of the Lincoln Park gang, was parked in a San Diego neighborhood with his girlfriend and three other men. See People v. Riley, No. D059840, 2013 BL 34220, 2013 ILRC 1385 (Cal. App...
On the night of March 27, 2012, police officer Morgan Struble saw a vehicle briefly drive onto the shoulder of a Nebraska highway in violation of Nebraska law. See United States v. Rodriguez, 741 F.3d 905, 906 (8th Cir. 2014); Brief for Respondent, the...
In the fall of 2003, Safford Middle School officials were concerned about the distribution of prescription and over-the-counter-drugs among students. See Redding v. Safford Unified School District 531 F.3d 1071, 1075-76 (9th Cir. 2008). Bringing...
In 1996, the California Legislature enacted Penal Code section 3067, mandating that every prisoner eligible for release on state parole “shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any time of...
In 2008, Respondent Teresa Sheehan, who has a mental illness, was a resident at the Conrad House, a group home in San Francisco for the mentally ill. See Sheehan v. San Francisco, 743 F.3d 1211, 1217 (9th Cir. 2014). After a social worker, Heath Hodge...
Note: Because this appeal is from a summary judgment motion before trial, there have been no findings of facts in this case. Rather, for the purposes of deciding Scott’s motion for summary judgment, the lower courts are required to consider...
Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.
The Fifth Amendment provides protection to individuals...