You are viewing 1st Circuit The United States Court of Appeals for the 1st Circuit cites Wood v. Hancock Countyi as one of the foundation cases settling the law on strip searches for its circuit.ii In mid-2001, appellant Wood was arrested twice [...]
You are viewing an article from the 9th Circuit Use of force in jails is an area which is legally complex. The problem is the result of varying standards which may apply based upon the status of the prisoner. The [...]
MANNER OF STRIP SEARCH In all cases where a strip search is justified, the manner in which the search takes place must also be reasonable in order to meet 4th Amendment standards. Thus, these searches should be done in a [...]
When the United States Congress enacted the federal Gun Control Act of 1968, the Act prohibited convicted felons from possessing firearms. In 1996, Congress amended the Act such that it also prohibited persons who were convicted of a “misdemeanor crime [...]
United States Supreme Court Changes Qualified Immunity Rules for Civil Rights Lawsuits Brought Against Law Enforcement Officers. On January 21st, 2009 the United States Supreme Court reached a unanimous decision in Pearson v. Callahan, a case involving a lawsuit by a drug-dealer [...]
When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply. The United States Supreme Court summarized [...]
Prior to examining case law defining the parameters of governmental liability one should first be familiar with the process and the mechanisms for risk-reduction and risk avoidance. A clearer understanding of these principles allows the reader to judge the cases [...]
On Tuesday, the United States Supreme Court heard oral argument in a case [Pearson v Callahan] where officers of the Central Utah Narcotics Task Force were sued for entering the home of a drug suspect, Callahan, immediately after a confidential [...]
United States Supreme Court On Tuesday October 7th 2008, the United States Supreme Court heard arguments in two cases with direct interest for law enforcement - United States v. Herring, and Arizona v. Gant. United States v. Herring (Read final Verdict [...]
“Consent Once Removed”- Does it Apply to Confidential Informer Buys? The first of the search and seizure cases is Pearson v. Callahan,i which is scheduled for argument on Tuesday October 14th. The case involves a lawsuit brought by Callahan regarding a narcotics [...]