Police, The Fourth Amendment, Qualified Immunity

Burgers Allday

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I am Burgers Allday and this is my legal blog on cases involving the Fourth Amendment (4A) and qualified immunity (QI).

This blog is dedicated to civil cases that involve the police and the Fourth Amendment to the U.S. Constitution. The Fourth Amendment deals with rights to be free from unreasonable searches and seizure. The rub usually comes in trying to decide what would have been reasonable in the police officer’s proverbial shoes.

Many Fourth Amendment cases, involving the police, arise in the criminal context, such as suppression of evidence proceedings under the Exclusionary Rule. This blog is not about those criminal cases, but rather about civil cases where a person has sued the police, claiming that her Fourth Amendment (4A) rights were violated. These civil 4A cases are usually brought under a federal law called 42 U.S.C Section 1983 and usually involve the police invoking qualified immunity (QI)as a legal defense.

The author believes that these civil cases best represent the current status of effective 4A rights for innocent people. This is to be contrasted with 4A criminal cases, which generally deal with 4A rights of the guilty, or at least the seemingly-guilty. The author further believes that 4A rights for the innocent are the most important 4A rights of all.

Written by Burgers Allday

August 31, 2011 at 11:51 am

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