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Kingsley v. Hendrickson, 576 U.S. 389 (2015), is a United States Supreme Court case in which the Court held in a 5–4 decision that a pretrial detainee must prove only that force used by police is excessive according to an objective standard, not that a police officer was subjectively aware that the force used was unreasonable.
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most ...
The Connecticut bondsmen sought relief from the forfeiture on grounds that they were not at fault in failing to secure McGuire's appearance, but rather that his nonappearance was the result of his extradition to Maine—an intervening "act of law" under the Extradition Clause of the U.S. Constitution. The Supreme Court, by a vote of 4 to 3 (two ...
The four sets of courts with original jurisdiction to hear cases brought by taxpayers against the government when they disagree with a final tax deficiency notice issued by the Internal Revenue Service are: The United States Tax Court. The Tax Court hears about 80% of the cases brought by taxpayers disputing IRS notices of deficiency.
United States v. Matlock, 415 U.S. 164 (1974), was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. [1]
California may enforce its recent ban on guns in some 'sensitive places,' but not others, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Friday.
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...