News & Analysis as of

Arrest Search & Seizure

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

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

by Best Best & Krieger LLP on

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

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

by Best Best & Krieger LLP on

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

by Best Best & Krieger LLP on

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

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Cybersecurity

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