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Full-Text Articles in Law
Police Shootings Under The Fourth Amendment, Wayne C. Beyer
Police Shootings Under The Fourth Amendment, Wayne C. Beyer
Richmond Journal of Law and the Public Interest
The Fourth Amendment permits police to use deadly force when there is an imminent threat of serious bodily harm or death to themselves or others. Although the governing standard is well established in a general way, its application to particular facts and circumstances may not be clear to officers on the street. Unless a reasonable police officer would have understood that his/her decision to shoot was clearly constitutionally prohibited, the officer may be entitled to qualified immunity, a decision that the court can make on summary judgment before trial. Discussed first are shootings that are not subject to Fourth Amendment …
Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum
Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum
Richmond Journal of Law and the Public Interest
Suppose that someone calls the police and alerts them to a crime that has been committed. Using the information provided, the police stop you because you fit the description of the person reported. If the police ask your name, must you give it? The United States Supreme Court believes you must if the state you are in has passed a law requiring you to give your name. In a factual situation very similar to this, the United States Supreme Court held in Hiibel v. Sixth Judicial District Court that the Nevada law requiring a person to provide his name in …