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Barnes v. Felix is a pending United States Supreme Court case on excessive force claims under the Fourth Amendment. [1] [2] The court will decide whether courts should apply the “moment of the threat” doctrine, which looks only at the narrow window in which a police officer's safety was threatened to determine whether his actions were reasonable, in evaluating claims that police officers ...
On a Thursday afternoon in April 2016, a 24-year-old man named Ashtian Barnes was driving his girlfriend's rental car on the Sam Houston Tollway in Harris County, Texas, when he was pulled over by ...
David Marcel Fleischer is an American judge currently serving on the Harris County Criminal Court in Texas. [1] He was first elected to the position in 2018, running as a Democrat, and won reelection in 2022. [1] [2] [3] Fleischer is popular online for his unique style of holding defendants accountable while offering guidance. [4] [5]
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
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The defendant had argued that anticipatory warrants in general violated the Fourth Amendment's requirement that "no Warrants shall issue, but upon probable cause," because the anticipated probable cause does not exist at the time of the warrant's issuance. The Court first noted that the courts of appeals had unanimously rejected this argument ...
The Supreme Court, in finding the arrest to be constitutional, stated that the officer had probable cause to stop the defendant's car. [3] The Court emphasized that "probable cause" was the standard for conducting the arrest, not "guilt beyond a reasonable doubt" as is required for criminal convictions. The Court stressed that if the "beyond a ...
The independent office that reviews allegations against House members found probable cause that Rep. Troy Nehls of Texas converted campaign funds to personal use, triggering an investigation by ...