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- Title
REASONABLE SEIZURE ON FALSE CHARGES: SHOULD PROBABLE CAUSE TO DETAIN A PERSON FOR ANY CRIME BAR A MALICIOUS PROSECUTION CLAIM UNDER THE FOURTH AMENDMENT?
- Authors
ALTER, WILLIAM
- Abstract
The article discusses legal issues regarding reasonable seizure on false charges, particularly on whether there should be probable cause to detain a person due to a malicious prosecution claim under the Fourth Amendment of the U.S. Constitution. Also cited are why the any-crime rule should be used to defend against said prosecution, and the interpretation of the charge-by-charge rule.
- Subjects
PROBABLE cause (Searches &; seizures); MALICIOUS prosecution; PROSECUTION; UNITED States. Constitution. 4th Amendment; ACTIONS &; defenses (Law); LEGAL process theory
- Publication
Indiana Law Review, 2023, Vol 56, Issue 2, p391
- ISSN
0090-4198
- Publication type
Article
- DOI
10.18060/27226