Legal Opinion

United States v. Kevin Laville

Court of Appeals for the Third Circuit

Decided March 16, 2007No. 06-1577PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

(March 16, 2007)

What is required for a finding of probable cause within the meaning of the Fourth Amendment can be a difficult question, made more difficult when, as here, there is a misunderstanding as to what one of our decisions has held. We write to correct that misunderstanding by making clear that state or local law does not dictate the reasonableness of an arrest for purposes of a Fourth Amendment probable cause analysis — a violation of state or local law is not, in other words, a per se violation of the Fourth Amendment. Rather, notwithstanding the validity of the…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Illinois v. GatesSupreme Court of the United States · 1983
  4. Wong Sun v. United StatesSupreme Court of the United States · 1963
  5. Payton v. New YorkSupreme Court of the United States · 1980

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3Cited by36 opinions

  1. United States v. TorresCourt of Appeals for the Third Circuit · 2008
  2. United States v. Alexander NavedoCourt of Appeals for the Third Circuit · 2012
  3. United States v. GraceCourt of Appeals for the Ninth Circuit · 2008
  4. Banks v. GallagherDistrict Court, M.D. Pennsylvania · 2009
  5. Abriq v. Metro. Gov't of Nashville & Davidson Cnty.District Court, M.D. Tennessee · 2018

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