Search results
Results from the WOW.Com Content Network
The case concerned the extent of the government's power to limit an individual's complete control of his or her home pending the arrival of a search warrant. A divided Court held that the search was not unconstitutional because there was a reasonable law-enforcement need to acquire a warrant, namely, to prevent the potential destruction of ...
The case was understood to create a cause of action against the federal government similar to the one in 42 U.S.C. § 1983 against the states. However, the Supreme Court has sharply limited new Bivens claims. The Supreme Court has upheld Bivens claims only three times: in Bivens (1971), Davis v. Passman (1979), and Carlson v. Green (1980).
Writing for the Court, Justice White wrote that, “having concluded that Frank v. State of Maryland, [1] to the extent that it sanctioned such warrantless inspections, must be overruled, we reverse.” [2] He first reviewed principles of the Fourth Amendment, noting that “the basic purpose of this Amendment...is to safeguard the privacy and security of individuals against arbitrary ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
Certiorari was granted in the case on October 19, 2020. The case was argued on February 24, 2021, and decided on June 23, 2021. In a unanimous decision, Justice Elena Kagan delivered the majority opinion. [2] The Fourth Amendment ordinarily requires that police officers get a warrant before entering a home without permission.
Eight years later, a 2016 paper in the Journal of Criminal Law & Criminology concluded that "Herring invited evidence laundering by police and laid the groundwork for judicial approval of this practice", based on a case law examination of how state courts and lower federal courts had applied the Supreme Court decision since 2009. [16]
That case is on final judgement out of the Fourth Circuit U.S. Court of Appeals. The U.S. Supreme Court could consider at their Dec. 13 conference whether to take the case.. Show comments
Arizona v. Evans, 514 U.S. 1 (1995), was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.