Supreme Court allows ex-council member’s retaliatory arrest lawsuit to move forward

Supreme Court allows ex-council member’s retaliatory arrest lawsuit to move forward

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The court handed a win to a former-city council member in Texas on Thursday, clearing the way for her federal civil rights claim to move forward. Sylvia Gonzalez contends that her 2019 arrest on charges that she had tampered with government records came in retaliation for her criticism of the city manager in Castle Hills, Tex. In a brief unsigned opinion, the justices reinstated Gonzalez’s claim after a federal appeals court had thrown it out, holding that the lower … Read the rest

Kentucky man says police violated Fourth Amendment by searching his backpack during arrest

Kentucky man says police violated Fourth Amendment by searching his backpack during arrest

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Fourth Amendment generally bars police from searching people or their property without a warrant. The Supreme Court has made an exception for searches made during an arrest. But although that exception applies to arrestees themselves, it only extends to their nearby possessions if there is a risk they can … Read the rest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest

What level of suspicion do police need to enter a home without a search warrant for an arrest?

What level of suspicion do police need to enter a home without a search warrant for an arrest?

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

It is unconstitutional for police to enter a home without a warrant to arrest someone if they do not have “reason to believe” the suspect is in the home. This week, we highlight cert petitions that ask the court to consider, among other things, whether that standard is equal to … Read the rest