What is the appropriate test for determining whether the arrest was justified?
MultiRegion, United States of America
The following excerpt is from Clifton v. Cox, 549 F.2d 722 (9th Cir. 1977):
Subsequent cases also indicate that the appropriate test does have an element of subjectivity: "The inquiry must, therefore, be as to the honesty of the relator's belief that the arrest was justified and that the shooting was reasonably necessary to accomplish it." Brown v. Cain, 56 F.Supp. 56,
Page 729
"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
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision? ("New York", United States of America)
What is the test for determining whether there is sufficient evidence to determine whether there was persecution against Elias Zacarias? (MultiRegion, United States of America)
What is the test for determining whether an agency's silence is sufficient to determine whether a decision was arbitrary or capricious? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
