
Can You Ignore Your Federal Circuit Court s Rulings?
State courts have their own sovereignty, so technically yes. But the person suing you picks the courthouse, and qualified immunity turns on what is clearly established there.
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231 articles

State courts have their own sovereignty, so technically yes. But the person suing you picks the courthouse, and qualified immunity turns on what is clearly established there.
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You can see the suspect standing on his porch. Can you walk up and arrest him? CREW, the color codes, and why a public footpath does not help you.
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Here is the question. If someone on a traffic stop says, I want to see your supervisor, bring them to the scene. I m not going anywhere until I talk to your supervisor, do you have to call your supervisor, or can you just handle the situation and tell them to go down to the police
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Hello everyone. Question for you: can you arrest a suspect who committed domestic violence if he is standing in his fenced in front yard? This question comes from a brand new sergeant in Nevada. The suspect committed a domestic battery with strangulation and child abuse, the victim fled the residence with the child to a
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If a citizen tells a cop to leave during a knock and talk, does the cop have to leave? This question actually comes from a citizen, a non-police officer. I think it’s great that non-police officers are also reaching out to see if I can help them with their constitutional questions. I want to help
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A LoJack hit, cold plates, and a matching Suburban. Everything lined up and the car was not stolen. What the Ninth Circuit said about guns drawn on a property crime.
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The automobile, or motor vehicle exception allows officers to search cars for evidence, contraband, and fruits or instrumentalities of crimes without a search warrant. When you ask cops, “What does it take to search these cars?” Many of them will just say, “Probable cause.” Well, let s be technical, Technically, legally, there are four factors to
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These three golden rules come from reading thousands of court cases over the last 20 years and seeing a theme regarding what the courts are looking for. What is the first golden rule of search and seizure? The First Golden Rule, and the most important one, is: The more you articulate why you did something,
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This question is: Can you look inside a woman s purse, or a man s backpack during a pat down? Can you pat down a purse or a backpack during a Terry stop? The answer is, “Maybe.” Here s how this works. We know that patdowns are an overall minimally intrusive way to protect yourself from weapons and
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