On May 29, 2019, the U.S. Supreme Court decided the matter of Nieves v. Bartlett, Docket no. 19-1174. The central question was whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983. In a 6-3 decision, the Court held that because police officers had probable cause to arrest Russell Bartlett, his … Continue reading Supreme Court holds that probable cause can defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.
Tag: Arrest
After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…
Having watched a lot of Law & Order, most individuals believe that upon arrest, they will be provided at least one free phone call but that isn't exactly true in Pennsylvania. Upon arrest, there is no immediate right to a phone call in Pennsylvania. Within a reasonable time of being arrested, the Police officer must … Continue reading After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…
Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize
http://news.yahoo.com/dna-swab-arrestees-cheek-reasonable-search-supreme-court-201434454.html;_ylt=A2KJ2UZttLNRTzEAAqTQtDMD Well, It would seem that my blog from last time may have been a bit premature. Recently, the Supreme Court ruled that it is sometimes OK to take DNA samples of arrestees. How does this case differ from police taking blood for a DUI/DWI stop is the immediate question that follows this recent ruling. In each … Continue reading Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize
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