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Fourth Amendment Wrongful Death

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 -
Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 32, November 2020

How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hernandez et al. v. Mesa

On February 25, 2020, the Supreme Court decided Hernandez et al. v. Mesa, No. 17-1678, declining to extend a judicially created damages remedy for a constitutional violation by a federal employee, a U.S. Border Patrol agent...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2020

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following four opinions: Rodriguez v. FDIC, No. 18-1269: The Internal Revenue Service (“IRS”), under its statutes and regulations, allows an affiliated group of...more

Holland & Knight LLP

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

Best Best & Krieger LLP

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Best Best & Krieger LLP on

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

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