Manuel v. City of Joliet is before the Supreme Court to determine whether detention before trial without probable cause is a violation of the Fourth Amendment, or whether it is merely a violation of the Due Process Clause. Every circuit except the Seventh Circuit treats this type of detention as being a violation of the Fourth Amendment; only the Seventh Circuit considers this question under the Due Process Clause. This commentary argues that the Supreme Court should look to its precedent, which clearly treats pretrial detention without probable cause as being a Fourth Amendment issue, and reverse the Seventh Circuit. To hold otherwise would deprive the wrongfully accused of a potential federal remedy, and reduce them to seeking a remedy in...
The fourth amendment guarantees the right of the people to be secure in their persons, houses, pape...
Prolonged pretrial detention poses one of the greatest unchecked threats to due process in the Unite...
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Cou...
Manuel v. City of Joliet is before the Supreme Court to determine whether detention before trial wit...
In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held that the Fou...
Protections for criminal defendants and suspects have undergone a steady erosion with the increasing...
Police brutality is one of the most serious and enduring human rights violations in the United State...
Robert Pugh was arrested in Florida without a warrant and charged by prosecutor\u27s information. P...
On March 9, 2018, the United States Court of Appeals for the Tenth Circuit held, in Dawson v. Board ...
This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court...
The United States Supreme Court has never decided whether any aspects of the common law ban on warra...
This note explores the United States Supreme Court\u27s recent decision in Muehler v. Mena that exte...
The common-law tort of malicious prosecution originally developed to provide a remedy for plaintiffs...
Across the United States, thousands of newly arrested people disappear. They languish behind bars fo...
Although the United States Supreme Court’s approach to issues governing application of the probable ...
The fourth amendment guarantees the right of the people to be secure in their persons, houses, pape...
Prolonged pretrial detention poses one of the greatest unchecked threats to due process in the Unite...
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Cou...
Manuel v. City of Joliet is before the Supreme Court to determine whether detention before trial wit...
In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held that the Fou...
Protections for criminal defendants and suspects have undergone a steady erosion with the increasing...
Police brutality is one of the most serious and enduring human rights violations in the United State...
Robert Pugh was arrested in Florida without a warrant and charged by prosecutor\u27s information. P...
On March 9, 2018, the United States Court of Appeals for the Tenth Circuit held, in Dawson v. Board ...
This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court...
The United States Supreme Court has never decided whether any aspects of the common law ban on warra...
This note explores the United States Supreme Court\u27s recent decision in Muehler v. Mena that exte...
The common-law tort of malicious prosecution originally developed to provide a remedy for plaintiffs...
Across the United States, thousands of newly arrested people disappear. They languish behind bars fo...
Although the United States Supreme Court’s approach to issues governing application of the probable ...
The fourth amendment guarantees the right of the people to be secure in their persons, houses, pape...
Prolonged pretrial detention poses one of the greatest unchecked threats to due process in the Unite...
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Cou...