ILLEGAL SEARCH AND SEIZURE

(Wex page)
Overview

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

Burden of Proof

The plaintiff...

(LIIBULLETIN preview)

On April 29, 2009, Sergeant Matt Darisse of the Surry County Sheriff’s Department in North Carolina pulled over a vehicle in which Nicholas Heien was a passenger. See State v. Heien, 737 S.E.2d 351, 352 (N.C. 2012). Darisse initiated the stop because...

(Wex page)
Overview

Qualified immunity is a type of legal immunity. Qualified immunity “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from...

(Wex page)
Overview

Reasonable suspicion is a standard used in criminal procedure. Reasonable suspicion is used in determining the legality of a police officer's decision to perform a search.

When an officer stops someone to search the person, courts require...

(Wex page)
DefinitionAn unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.OverviewAn unreasonable search and seizure is...