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Devenpeck v. Alford, 543 U.S. 146 (2004), was a United States Supreme Court decision dealing with warrantless arrests and the Fourth Amendment.The Court ruled that even if an officer wrongly arrests a suspect for one crime, the arrest may still be "reasonable" if there is objectively probable cause to believe that the suspect is involved in a different crime.
Case history; Prior: 58 Ill. App. 3d 57, 373 N. E. 2d 1013: Holding; When a search warrant specifies the person or people named in the warrant to be searched and the things to be seized, there is no authority to search others not named in the warrant, unless the warrant specifically mentions that the unnamed parties are involved in criminal activity or exigent circumstances are clearly shown.
Rather, they need only provide evidence that their arrest occurred in circumstances where probable cause exists to arrest, but officers typically exercise discretion and decline to arrest. Finding that Gonzalez provided this sort of evidence, the Court remanded to the lower courts for reconsideration in light of the now-clarified Nieves exception.
Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
A plaintiff in a retaliatory prosecution action against federal officials must plead and show the absence of probable cause for pressing the underlying criminal charges. Ark. Dep't of Human Servs. v. Ahlborn: 547 U.S. 268 (2006) state liens on personal injury settlements: Marshall v. Marshall: 547 U.S. 293 (2006)
In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. [1] One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v.
Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment.
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