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In United States constitutional law and criminal procedure, the good-faith exception (also good-faith doctrine) is one of the limitations on the exclusionary rule of the Fourth Amendment. [ 1 ] For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure , such as one executed ...
An officer acting in good faith and within the scope of a search warrant should not be subjected to Fourth Amendment constitutional violations. It is the magistrate’s or judge’s responsibility to ascertain whether the warrant is supported by sufficient information to support probable cause.
One DEA official had told Reuters: "Parallel construction is a law enforcement technique we use every day. It's decades old, a bedrock concept." An example from one official about how parallel construction tips work is being told by Special Operations Division that: "Be at a certain truck stop at a certain time and look for a certain vehicle."
Good faith exception: If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception. Independent source doctrine : If police obtain evidence illegally, but also obtain the same evidence through an independent, legal means, the evidence is ...
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...
Qualified immunity is a doctrine of federal law, not affected by changes in state law. Nonetheless, some states have passed what they deem to be modifications of qualified immunity in the context of state law claims. These changes do not impact the doctrine of qualified immunity as applied to federal constitutional law.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
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.