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Supreme Court Update: Texas Department Of Housing And Community Affairs V. The Inclusive Communities Project (13-1371) And Johnson...

A few hours ago, the gavel banged a close to October Term 2014, after the release of the final three decisions of the term—Glossip v. Gross (14-7955), holding that the use of a particular drug in a three-drug execution...more

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more

Supreme Court Update: Mcfadden V. United States (14-378), Ohio V. Clark (13-1352), Brumfield V. Cain (13-1433) And Davis V. Ayala...

We're back with Part II of our last-Thursday round-up, just in time for another decision dump from One First Street. Last week, the Court handed down decisions in Los Angeles v. Patel (13-1175), Kimble v. Marvel Enterprises...more

Supreme Court Ruling Avoids Major Complications for Mandatory Reporters

Last week, the United States Supreme Court overturned a controversial decision by the Ohio Supreme Court holding that statements given by a preschool student to his teacher were tantamount to statements to police, and so...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

Supreme Court Update: Zivotovsky V. Kerry (13-628), Mellouli V. Lynch (13-628) And Order List

The Court issued only one decision this week, but it was a biggie: Zivotovsky v. Kerry (13-628), aka the "Jerusalem passport case," which will surely find its way into the separation-of-powers chapter of Con Law casebooks in...more

Appellate Court Confirms that Convicted Felon Cannot Run for School Board Seat

On May 13, 2015, the Illinois Appellate Court’s First District held that the former Board President of an Illinois high school district’s Board of Education was ineligible to fill a vacancy on the board following his previous...more

Supreme Court Update: Elonis V. United States (13-983), Taylor V. Barkes (14-939) And Bank Of America V. Caulkett (13-1421)

The Court handed down four opinions and a summary reversal to kick off the busiest month of the term. This update will cover Elonis v. United States (13-983), the much anticipated "Facebook threats" case, along with Taylor v....more

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

June Antitrust Bulletin

Two recent decisions by the U.S. District Court for the Western District of Wisconsin reached back decades for precedent to allow a novel price discrimination suit under the Robinson-Patman Act to proceed. Woodman’s Food...more

Bribery & Corruption in the Military. A Front-Line View (Part II) [Video]

In the second part of my interview on "The Heat" via CCTV, I discuss the temptations that front-line personnel face when dealing with overseas militaries, particularly, procurement personnel. I share how the touch points...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

Supreme Court Decides Elonis v. United States

On June 1, 2015, the U.S. Supreme Court decided Elonis v. United States, No. 13-983, holding that to support a conviction under a federal statute that makes it a crime to communicate a threat, prosecutors must prove a mental...more

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the...more

Warrantless Laptop Search Suppressed In Sixth Circuit

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

Federal Agents Lacked Authority to Search Airplane Passenger’s Laptop, Court Says

A federal court this month found that federal agents lacked authority to conduct a warrantless search of a defendant’s laptop seized at an airport, rejecting the government’s argument that it has unfettered authority to...more

Supreme Court Update: Comptroller v. Wynne (13-485) And San Francisco v. Sheehan (13-1412)

We're back with the two remaining decisions from Monday, Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412), two split decisions featuring strange bedfellows. The Justices' philosophical differences...more

BB&K Police Bulletin: Supreme Court Allows Court-Ordered Transfer of Felon's Fire Arms to Third Parties

Transfer OK Only If Felon Has No Control Over Weapon - Overview: A court-ordered transfer of a felon’s lawfully owned firearms from government custody to a third party is not barred by federal law prohibiting a felon to...more

Laptops, Border Checks and The Fourth Amendment

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

Facebook: Friend or Foe? Protecting the Right To A Fair Trial In A World Dominated By Social Media

In an interview before his Spartans were slated to play Duke in the Final Four, Michigan State basketball coach Tom Izzo unabashedly stated, “I don’t think social media is beneficial to any human being on the planet.” ...more

Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more

U.S. Supreme Court Rules Prolonging Traffic Stop to Conduct Dog Sniff is Unconstitutional

Overview: Police may not extend a routine traffic stop to give a police dog time to conduct a search for narcotics, the United States Supreme Court held this week. The Court determined that, absent reasonable suspicion,...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

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