· 7/1/1810
Bauliguy v. United States
Citations
- 2 F. Cas. 1042
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that this Court recognizes “a federal claim of malicious prosecution under the Fourth Amendment where plaintiffs alleged that defendants wrongfully investigated, prosecuted, convicted, and incarcerated them”
- holding that defendant’s efforts to rebuff police attempts to enter his house did not negate an objective belief in a medical emergency where police observed defendant’s hand bleeding profusely, confirming the report of a cutting or stabbing
- holding that a victim’s statement that the defendant “had abused her alone is sufficient to establish No. 05-5835 United States v. Harness Page 3 probable cause” to arrest the defendant for domestic violence
- concluding that an emergency 911 report combined with police officers’ observations of a man bleeding, acting belligerently, and demanding assistance from paramedics justified warrantless entry into a home on the basis of exigent circumstances
- stating that a call from an occupant of the home soliciting a response from an emergency team does not amount to consent and examining whether exigent circumstances existed
- explaining that the Fourth Amendment’s “reasonableness requirement generally requires that police obtain a warrant based upon a judicial determination of probable cause prior to entering a home”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.