Section 1983 unreasonable detention claim At trial, to prove that an officer unreasonably detained a person, that person must show, more likely than not, that the officer either: (1) lacked reasonable suspicion to stop the person; or (2) that the length or scope of the stop was excessive. Ninth Cir. Civ. Jury Instr. No. 9.21 To […]

Parts of Georgia’s law that allows a person’s refusal to submit to a breath test in a DUI stop were ruled unconstitutional in a unanimous state Supreme Court decision issued Monday. The state Supreme Court decision said that a person’s right against self-incrimination under the Georgia Constitution prevents prosecutors from bringing up in trial a […]