What is the test for overturning a finding that a plaintiff has satisfied the elements of a prima facie case of a Fourth Amendment violation?

MultiRegion, United States of America

The following excerpt is from Gonzalez-Rivera v. I.N.S., 22 F.3d 1441 (9th Cir. 1994):

A court's conclusion as to whether a plaintiff has satisfied the elements of a prima facie case of a Fourth Amendment violation is reviewed de novo, but the underlying factual findings may be reversed only if the evidence is such that no reasonable fact-finder could agree with the BIA. INS v. Elias-Zacarias, --- U.S. ----, 112 S.Ct. 812, 817, 117 L.Ed.2d 38 (1992).

Other Questions


Does a district court's finding of shockingness under the Fifth Amendment necessarily incorporate a finding of unreasonableness 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 test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (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)
What is the test for establishing a prima facie violation of the fair cross-section section of the sixth amendment? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Is there any precedent to support a claim that defendants violated plaintiffs' Fourth Amendment rights? (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 is a plaintiff's prima facie case sufficient to sustain a finding of liability? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.