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Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had been violated by the Federal Bureau of Narcotics.
Law has an overarching doctrine of reasonableness. It is derived from a hypothetical reasonable person, a standard by which a law is explained to a jury. The reasonable person, and reasonableness itself, extends to the concept of reasonable and probable grounds as a justification for the exercise of power (or discretion).
An example of implied consent being utilized is when complication arise during routine childbirth and actions need to be taken in order to help the mother and fetus. If complications arise during a natural delivery, an emergency cesarean delivery may be performed, even if the mother had previously rejected the option.
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Federal Law Enforcement Training Center Reference Book. U.S. Department of Homeland Security, 2008. Deputy Attorney General Fisher Memorandum on Garrity and Kalkines Warnings. U.S. Department of Justice, 2006. Deputy Attorney General Wray Memorandum on Office of Inspector General Investigations. U.S. Department of Justice, 2005.
Law enforcement officers, except when on duty or acting in an official capacity, have the right to engage in political activity or run for elective office. Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation ...
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
Sometimes, a law enforcement agency will not normally have the jurisdictional authority to be involved in enforcing compliance of, or investigating the non compliance with, a law unless that law or the non complying subject crosses over multiple jurisdictions, or the non compliance is especially severe.