How have the courts treated the Defendant on a Fourth Amendment claim?
MultiRegion, United States of America
The following excerpt is from Evans v. Skolnik, 997 F.3d 1060 (9th Cir. 2021):
defendants on the Fourth Amendment claim and remanded "for the district court to address [step two] in the first instance, giving particular attention to whether there are alternative prison policies that could satisfy [the prison's] objective[s] in screening the calls." Id. (final alteration in original) (quoting Demery v. Arpaio , 378 F.3d 1020, 1028 n.2 (9th Cir. 2004) ).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How have the courts treated a motion to grant leave to amend a fourth amended complaint? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Before the court examines the merits of First Amendment claim, will the court consider whether this claim is ripe? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in the state courts? (MultiRegion, United States of America)
Does a claim that agents violated the Fourth Amendment rights of a plaintiff in a search warrant application brought before the federal district court? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
