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CA9: Fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause

FourthAmendment.com - News - Wed, 2025-05-21 07:36

In a § 1983 case, the fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause. Saunders v. Silva, 2012 U.S. App. LEXIS 11509 (9th Cir. June 7, 2012):

The district court found that Silva seized Saunders when he ordered her to leave church and return to her home. It further found that this seizure was unreasonable because Silva, as a Deputy Animal Control Officer within the Yavapai County Sheriff's Office, lacked the authority to conduct an arrest. Although Silva was not authorized under Arizona law to arrest Saunders, "state restrictions [on arrest authority] do not alter the Fourth Amendment's protections." Virginia v. Moore, 553 U.S. 164, 176 (2008). To constitute a Fourth Amendment violation, an arrest by a state officer must be unreasonable under the United States Constitution, rather than simply not in compliance with state laws. See United States v. Becerra-Garcia, 397 F.3d 1167, 1174-75 (9th Cir. 2005).

VIDEO: Demolition of iconic flats begins

BBC - News - Wed, 2025-05-21 07:36
The tallest block of flats in Europe when they were built in the 1960s, Glasgow's Red Road flats are being demolished after a period of decline. The process begins with about 275kg of explosives being used to bring down the triple block.
Categories: BBC, News

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

Health of Egypt's Mubarak deteriorates in prison

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak's health worsened Monday, with doctors twice having to use a defibrillator on the imprisoned former leader, adding to the tumult in Egypt before this weekend's runoff election for president....

Official: Egypt's Mubarak in critical condition

AP - World News - Wed, 2025-05-21 07:36
CAIRO (AP) -- Hosni Mubarak is slipping in and out of consciousness eight days after the ousted Egyptian leader was sent to prison to begin serving a life sentence, a security official said on Sunday....

France honours Donald Sutherland

BBC - News - Wed, 2025-05-21 07:36
Donald Sutherland is awarded the Commander of the Arts honour in France.
Categories: BBC, News

VIDEO: Kenyan minister killed in crash

BBC - News - Wed, 2025-05-21 07:36
Kenyan Internal Security Minister George Saitoti has been killed in a helicopter crash, officials say.
Categories: BBC, News

UK minister: Can't rule out intervention in Syria

AP - World News - Wed, 2025-05-21 07:36
LONDON (AP) -- British Foreign Secretary William Hague says he can't rule out military intervention in Syria, saying the situation there is beginning to resemble the violence which gripped Bosnia in the 1990s....

As army grows, a unit highlights the challenges

AP - World News - Wed, 2025-05-21 07:36
CHINARI OUTPOST, Afghanistan (AP) -- Over Capt. Mohammed Raza's walkie-talkie came an intruder's voice: Faqir Talha, a Taliban fighter telling a comrade, "Everyone is with us. We will have a village meeting. It will be at 3 p.m. and everyone should come."...

As army grows, a unit highlights the challenges

AP - World News - Wed, 2025-05-21 07:36
CHINARI OUTPOST, Afghanistan (AP) -- Over Capt. Mohammed Raza's walkie-talkie came an intruder's voice: Faqir Talha, a Taliban fighter telling a comrade, "Everyone is with us. We will have a village meeting. It will be at 3 p.m. and everyone should come."...

Catholic faith on line as church rallies in Dublin

AP - World News - Wed, 2025-05-21 07:36
DUBLIN (AP) -- An international conference celebrating Roman Catholicism opened Sunday in Ireland against a backdrop of anger over child abuse cover-ups and evidence of declining faith in core church beliefs....

Porn incompatible with family values

Eagle Forum - Wed, 2025-05-21 07:36
A psychology professor writes: There is now substantial research showing that people who consume porn are indeed inclined to attitudes and behavior incompatible with strong family relationships based on affection and care for children. Frequent consumption of pornography is associated with: sexually aggressive behavior toward women, particularly for men who are prone to sexual aggression and Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

Undoing health law could have messy ripple effects

AP - U.S. News - Wed, 2025-05-21 07:36
WASHINGTON (AP) -- It sounds like a silver lining. Even if the Supreme Court overturns President Barack Obama's health care law, employers can keep offering popular coverage for the young adult children of their workers....
Categories: Associated Press, News, US

Undoing health law could have messy ripple effects

AP - U.S. News - Wed, 2025-05-21 07:36
WASHINGTON (AP) -- It sounds like a silver lining. Even if the Supreme Court overturns President Barack Obama's health care law, employers can keep offering popular coverage for the young adult children of their workers....
Categories: Associated Press, News, US
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