Qualified immunity is a type of legal 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...
Fourth Amendment
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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...
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Facts
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...
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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...
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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...
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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...
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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...
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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...
(Wex page)
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...
(Wex page)
A stop-and-frisk refers to a brief non-intrusive police stop of a suspect. The Fourth Amendment requires that before stopping the suspect, the police must have a reasonable suspicion that a crime has been, is being, or is about to be committed by the...