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Probable Cause Fourth Amendment Law Enforcement

Haight Brown & Bonesteel LLP

Ninth Circuit Upholds Officers’ Qualified Immunity in Dynamic Shooting Case

In Neftali Monzon v. City of Murrieta et al. (No. 19-55164, filed July 22/2020), Plaintiffs Neftali Monzon and Marylou Monzon sued the City of Murrieta and five individually named police officers (collectively “Defendants”)...more

Sands Anderson PC

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

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Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Use of Handcuffs During Late Night Terry Stop

In United States v. Bekim Fiseku, the Second Circuit (Cabranes, Lynch, Carney) rejected the defendant’s argument that police officers unlawfully seized evidence from the trunk of his co-defendant’s vehicle. ...more

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

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The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Sands Anderson PC

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

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The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Patterson Belknap Webb & Tyler LLP

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

McGuireWoods LLP

An Important Check On The Abuse Of Government Authority

McGuireWoods LLP on

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

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