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Fourth Amendment Qualified Immunity Summary Judgment

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 -
Epstein Becker & Green

Justices Reject “Moment of Threat” Rule in Police Shooting Case - SCOTUS Today

Epstein Becker & Green on

The most anticipated event at the U.S. Supreme Court today was the oral argument in the birthright citizenship case....more

Marshall Dennehey

A Neck-Hold Is Not Clearly-Established Excessive Force

Marshall Dennehey on

Moore v. Oakland County, Michigan, 126 F.4th 1163 (6th Cir. 2025) - This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Despite the...more

Rumberger | Kirk

US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

Rumberger | Kirk on

The United States Supreme Court recently held that an officer’s use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right, and therefore,...more

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