What is the difference between the Fourth and Fourteenth Amendment protections for pre-trial detainees?
MultiRegion, United States of America
The following excerpt is from Espinoza v. Cal. Highway Patrol, No. 1:16-cv-00193-DAD-JLT (E.D. Cal. 2016):
1. The Fourth Amendment protects pre-trial detainees from mistreatment from arrest up until the time the arrestee is in custody, while the Fourteenth Amendment governs treatment during the period of confinement after an arrestee is in custody. Torres v. City of Madera, 524 F.3d 1053, 1056 (9th Cir. 2008) (quoting Robins v. Harum, 773 F.2d 1004, 1010 (9th Cir. 1985)).
"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
Is a prison official's failure to protect a pretrial detainee a violation of the Fourteenth Amendment? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment? (MultiRegion, United States of America)
Is equal protection analysis under the Fifth Amendment the same as that under the Fourteenth Amendment? (MultiRegion, United States of America)
How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
Does the Fourteenth and Eighth Amendments apply to pretrial detainees? (MultiRegion, United States of America)
What is the effect of qualified immunity on Fourth Amendment and Fourteenth Amendment claims? (MultiRegion, United States of America)
