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Iowa, 18 Wall. 129, 134-35; Atherton Mills v. Johnston, 259 U.S. 13, 15. Whenever in the course of litigation such a defect in the proceedings is brought to the court's attention, it may set aside any adjudication thus procured and dismiss the cause without entering judgment on the [**1077] merits.
Plumhoff v. Rickard, 572 U.S. 765 (2014), is a United States Supreme Court case involving the use of force by police officers during high-speed car chases.After first holding that it had jurisdiction to hear the case, the Court held that the conduct of the police officers involved in the case did not violate the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches ...
Arizona v. Johnson, 555 U.S. 323 (2009), is a United States Supreme Court case in which the Court held, by unanimous decision, that police may conduct a pat down search of a passenger in an automobile that has been lawfully stopped for a minor traffic violation, provided the police reasonably suspect the passenger is armed and dangerous. [1] [2]
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment.In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable."
Justice Douglas reversed for a 5-3 majority. He held that the provisions of 207(b) of the Civil Rights Act of 1964 making the remedies provided in Title II of the Act the exclusive means of enforcing rights based on such part do not preclude a criminal prosecution of the defendants under 18 USC 241, since the exclusive-remedy provision applies only to enforcement of substantive rights to ...
Barnes v. Felix is a pending United States Supreme Court case on excessive force claims under the Fourth Amendment. [1] [2] The court will decide whether courts should apply the “moment of the threat” doctrine, which looks only at the narrow window in which a police officer's safety was threatened to determine whether his actions were reasonable, in evaluating claims that police officers ...
Editor’s note: This story has been updated to reflect that House GOP leaders plan to file an amicus brief with the D.C. Circuit Court of Appeals. House leaders led by Speaker Mike Johnson (R-La ...
On certiorari, the United States Supreme Court affirmed 5-4. In an opinion by Blackmun, J., it was held that the rule announced in Payton v.New York applies to a case which was pending on direct appeal when Payton was decided, Payton not having applied settled precedent to a new set of facts, not having announced an entirely new and unanticipated principle of law, nor having held either that ...