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Fourth Amendment Liability

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 -
Marshall Dennehey

A Deadly Encounter: Court Clarifies Use of Force in Police Shooting of Mentally Ill Individual

Marshall Dennehey on

Key Points: Use of Deadly Force: The court upheld the police officers’ use of deadly force, which is relevant for insurance coverage in similar incidents. Municipal Liability: No liability for the defendant as there was no...more

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

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