Conservative

Cert. grant today: Bailey v. United States

FourthAmendment.com - News - Wed, 2024-11-27 09:59

Cert. grant today: Bailey v. United States, SCOTUSBlog here, opinion below here.

Issue: Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

SCOTUS: Arrest with PC qualified immunity on First Amendment claim because law not clearly established

FourthAmendment.com - News - Wed, 2024-11-27 09:59

Reichle v. Howards, 11–262 (June 4, 2012). SCOTUSBlog here. From the Syllabus:

Petitioners are entitled to qualified immunity because, at the time of Howards’ arrest, it was not clearly established that an arrest supported by probable cause could give rise to a First Amendment violation. Pp. 5−12.

(a) Courts may grant qualified immunity on the ground that a purported right was not clearly established” by prior case law. Pearson v. Callahan, 555 U. S. 223, 236. To be clearly established, a right must be sufficiently clear “that every ‘reasonable official would [have understood] that what he is doing violates that right.’” Ashcroft v. al-Kidd, 563 U. S. ___, ___. Pp. 5−6.

(b) The “clearly established” standard is not satisfied here. This Court has never recognized a First Amendment right to be free from a retaliatory arrest that is supported by probable cause; nor was such a right otherwise clearly established at the time of Howards’ arrest. P. 6.

(c) At that time, Hartman’s impact on the Tenth Circuit’s precedent was far from clear. Although Hartman’s facts involved only a retaliatory prosecution, reasonable law enforcement officers could have questioned whether its rule also applied to arrests. First, Hartman was decided against a legal backdrop that treated retaliatory arrest claims and retaliatory prosecution claims similarly. It resolved a Circuit split concerning the impact of probable cause on retaliatory prosecution claims, but some of the conflicting cases involved both retaliatory prosecution and retaliatory arrest claims and made no distinction between the two when considering the relevance of probable cause. Second, a reasonable official could have interpreted Hartman’s rationale to apply to retaliatory arrests. Like in retaliatory prosecution cases, evidence of the presence or absence of probable cause for the arrest will be available in virtually all retaliatory arrest cases, and the causal link between the defendant’s alleged retaliatory animus and the plaintiff’s injury may be tenuous. Finally, decisions from other Circuits in the wake of Hartman support the conclusion that, for qualified immunity purposes, it was at least arguable at the time of Howards' arrest that Hartman extended to retaliatory arrests. Pp. 7−12.

NYTimes.com: "Bloomberg Backs Plan to Limit Arrests for Marijuana"

FourthAmendment.com - News - Wed, 2024-11-27 09:59

NYTimes.com: Bloomberg Backs Plan to Limit Arrests for Marijuana by Thomas Kaplan:

Mayor Michael R. Bloomberg said on Monday that he would support a proposal by Gov. Andrew M. Cuomo to significantly curb the number of people who could be arrested for marijuana possession as a result of police stops.

West New York commissioners approve surveillance cameras in streets

TruthNews.US - News - Wed, 2024-11-27 09:59
Jersey Journal | "In an effort to improve public safety..." surveillance cameras are being installed that can read "a guy's license plate from three blocks."

Advice to Mitt Romney on how to pick a Veep

On Sunday, Reuters reported that GOP-nominee designate Mitt Romney might announce his running mate selection “earlier in the summer.”  Here are three names for Romney’s reviewers to consider: Dan Quayle, Sarah Palin, Dick Cheney.

Together they tell you a lot about what’s ahead and how the campaign should prepare.

Dan Quayle: Though all but forgotten now, and considered best forgotten by most who remember, Quayle was actually a very shrewd selection when George H.W. Bush tapped him at the start of convention week in 1988.  In the Senate, he had shown himself a serious and astute senator.  He had become one of the body’s acknowledged experts on arms issues relating to the Soviets, essential knowledge with the Evil Empire coming apart at the seams.  Then, too, the Midwest was the crucial swing region of the country that year. Quayle was the one GOP Midwestern senator or governor acceptable to all segments of the Republican Party.

Yet within minutes of the announcement…

Click here to continue reading Clark Judge’s column at clarkjudge.com.

DOJ: Watergate Wiretap Records Should Remain Sealed

TruthNews.US - News - Wed, 2024-11-27 09:59
Blog of Legal Times | Watergate back in the news as DOJ attempts to derail historian's request for wiretap recordings rooted in notorious scandal.

New duty-free rules worry Canadian businesses

TruthNews.US - News - Wed, 2024-11-27 09:59
Chronicle Herald Canada | New Duty-free rules increase limits that can be spent on U.S. goods. Why is the Canadian government encouraging cross-border shopping?

More minors trying to illegally cross U.S.-Mexico border alone

TruthNews.US - News - Wed, 2024-11-27 09:59
EFE | Minors trying to make the journey alone are more likely to be sexually assaulted, organize with crime gangs, or suffer drug abuse or other health problems.
Syndicate content