Arrest

News & Analysis as of

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Know Your Rights When You’re Under Arrest

In New York, the police take their duties very seriously — even when it comes to laughter. Long Island resident Robert Schiavelli was chuckling in his living room until police charged him with disturbing the peace....more

Criminal Defense Update: New DOJ Policy Promotes Recording Arrestee Interviews

The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more

Hot Employment Topics For 2014 Part V: Use Of Arrests And Convictions In The Employment Process

This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process." One hot topic in 2014 will be the issue of employer...more

BB&K Police Bulletin: Court Refuses to Narrow Definition of Penal Code Section 69

Conviction Under Penal Code Section 69 Does Not Require Proof Force Was Directed Toward or Used On Any Officer - Overview: Penal Code Section 69, in part, makes it a crime to knowingly resist, with force or violence,...more

Maritime Attachment And Arrest . . . What Are They And Why Should I Care?

“A ship may be here today and gone tomorrow, not to return for an indefinite period, perhaps never. Assets of its owner . . . within the jurisdiction today, may be transferred elsewhere or paid off tomorrow.”...more

Eight Lawmakers Arrested in Immigration Rally

A massive immigration rally held last week resulted in the arrests of approximately 200 people, among them eight members of the U.S. House of Representatives. The protesters assembled outside the nation’s Capitol on October 8...more

Miami Arrest of Bolivian Anti-Corruption Head Vindicates Former Aerosur Owner, Says Attorney Michael Diaz Jr.

Miami, Florida – The FBI arrest Saturday, Aug. 31, of Mario Fabrizio Ormachea, the colonel leading Bolivia’s Anti-Corruption Unit, for attempting to extort money from former Aerosur Airlines owner Humberto Roca, [United...more

Question Of Fact Exists Whether Officer Had Probable Cause To Arrest A Man Sleeping In A Car For DUI; Judges Grapple Over Standard...

In Romo v. Largen, on interlocutory appeal, the Sixth Circuit affirmed the Western District of Michigan's decision that reasonable minds could differ as to whether Officer Jeff Largen had probable cause to arrest Candido...more

BB&K Police Bulletin: Detention and Seizure - Voluntary Relinquishment of Identification Card Does Not Constitute Seizure

Overview: A California appellate court recently ruled that the voluntary relinquishment of one’s identification card, upon request by a law enforcement officer, did not constitute a detention or seizure under the...more

Supreme Court Watch: Employment Cases in 2013

The 2013 U.S. Supreme Court term features several employment law cases important to employers and human resource professionals, including the following significant pending cases...more

BB&K Police Bulletin: DNA Collection - U.S. Supreme Court Upholds Cheek Swab Search

Overview: The United States Supreme Court has upheld a Maryland law authorizing police to collect a DNA sample from suspects charged with violent crimes. Using the cheek swab of an assault suspect in 2009, police were able to...more

BB&K Police Chief Bulletin: Custodial Arrest - Only Three Ways to Support Custodial Arrest for Suspected Infraction

Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more

When Should I Call a Lawyer?

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

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