A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.
Burden of ProofThe plaintiff in a...
ILLEGAL SEARCH AND SEIZURE
(LIIBULLETIN preview)
On April 29, 2009, Sergeant Matt Darisse of the Surry County Sheriff’s Department in North Carolina pulled over a vehicle in which Nicholas Heien was a passenger. See State v. Heien, 737 S.E.2d 351, 352 (N.C. 2012). Darisse initiated the stop because...
(Wex page)
Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or...
(Wex page)
Reasonable suspicion is a legal standard used in criminal procedure that allows law enforcement officers to assess the justification for their decision to conduct a search.
When an officer stops an individual for a search,...
(Wex page)
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that...