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 ProofThe plaintiff in a...
ILLEGAL SEARCH AND SEIZURE
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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...
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Overview:
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...
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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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An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that...