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Fourth Amendment Immunity

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

Holland & Knight LLP on

The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

Jackson Walker

HHS Takes Major Step to Expand COVID-19-Related Cross-Border Telehealth Access and Immunity

Jackson Walker on

On December 3, 2020, the federal government took a significant step to reduce barriers to healthcare practitioners’ ability to provide COVID-19-related telehealth services across state lines by amending its previous...more

McDermott Will & Emery

Waiver of State Licensure Requirements for the Delivery of COVID-19 Countermeasures via Telehealth

McDermott Will & Emery on

In a fourth amendment to the March 17, 2020, Public Readiness and Emergency Preparedness Act (PREP Act), the US Department of Health and Human Services (HHS) has expanded access to COVID-19 Covered Countermeasures through...more

Best Best & Krieger LLP

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

Best Best & Krieger LLP on

Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Best Best & Krieger LLP

BB&K Police Bulletin: California Court of Appeal Clarifies Eleventh Amendment Immunity for State Officials

Court Holds Sheriff Not Subject to Damages Under Section 1983 - Overview: The California Court of Appeal clarified that the Eleventh Amendment immunity does not apply in civil rights actions brought in California...more

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