Law Enforcement

News & Analysis as of

The Computer Fraud and Abuse Act and the “Cannibal Cop”: Awaiting the Second Circuit’s Decision

The Computer Fraud and Abuse Act began as a federal criminal statute, but it has turned into an oft-used weapon in civil litigation. See U.S.C. § 1030, et seq. (CFAA). Now, criminal and civil litigants await the Second...more

Update on Petrobas Scandal – Recent Arrests of Construction Company Executives

The sprawling Petrobas corruption scandal continues to grow and stretch across Brazil’s political and economic landscape. Prosecutors handling the case continue to reach new targets and arrest more individuals who profited...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

Connecticut Governor Signs Cybersecurity Study Act

Wednesday, Connecticut Governor Dannel Malloy signed Special Act No. 15-13, effective immediately, which requires the Connecticut Department of Administrative Services, in consultation with the Department of Emergency...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

Can Employee Display a Confederate Flag on Facebook as Free Speech? Or Can Employer Take Action?

There’s been lots of talk lately about the Confederate flag and its symbolism in the aftermath of the Charleston shootings. But I wondered: How has this flag come up in the context of employment discrimination cases?...more

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

City of Los Angeles vs. Patel Update: U.S. Supreme Court Strikes Down Warrantless Searches of Guest Registries

The U.S. Supreme Court has struck down a law enacted by the City of Los Angeles requiring hotel owners to comply with warrantless inspections of their guest registries upon demand by law enforcement officers. The High Court,...more

US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

Drones: New Technology, New Opportunity?

The guidance states that drones recently “have emerged as a viable law enforcement tool.” In addition to affirming DOJ’s commitment to civil rights and privacy laws, the guidance imposes rules on who can order drone support...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

Protect and Serve Your Image

The few of you that read my posts probably know that I often use this as an opportunity to meander into observations that I find interesting from a branding perspective.  After all, as a litigator, I spend the vast majority...more

Blog: Introducing Illicit Enrichment In The UK: A Proposal By Transparency International UK

Too often, for a variety of reasons, law enforcement agencies are unable to take meaningful action against assets suspected to be corrupt. That might be, for example, because the state that has suffered corruption is unable...more

U.S.A. Freedom Act passed into law

On June 4, 2015, President Obama and his administration signed into law the U.S.A. Freedom Act, which “reform[s] the authorities of the Federal Government to require the production of certain business records, conduct...more

DOJ releases guidelines on drone operation by federal law enforcement

Last week, the U.S. Department of Justice (DOJ) published guidelines for the use of unmanned aerial vehicles (UAVs) or, as more commonly called, drones, by federal law enforcement. Currently, the FBI is the only agency using...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

New Jersey passes motor vehicle data privacy law

We have commented before that many consumers do not know or understand the amount of data their motor vehicle has concerning their driving habits, including erratic driving, speed, whether the radio or Bluetooth is being used...more

ESPN v. University of Notre Dame Security Police Department

Earlier this year, ESPN sued the University of Notre Dame Security Police Department, alleging that Notre Dame was withholding police documents involving campus crimes allegedly committed by a number of student-athletes. ...more

FinCEN Recognizes Law Enforcement Agencies For Use of BSA Data, Holds First-Ever Law Enforcement Awards Ceremony

On May 12, FinCEN held its first-ever Law Enforcement Awards, recognizing law enforcement agencies that made effective use of BSA data in criminal investigations which lead to a successful prosecution. The awards were...more

Supreme Court Decides City and County of San Francisco v. Sheehan

On May 18, 2015, the United States Supreme Court decided City and County of San Francisco v. Sheehan, No. 13-1412, holding that police officers were entitled to qualified immunity against a constitutional claim based on...more

Law Enforcement Data May Not Be Subject to PRA

Data collected by automated license plate readers is exempt from disclosure under the Public Records Act, a California appellate court held this week. ALPRs scan license plates visible from their position and automatically...more

French National Assembly Adopting Surveillance Legislation

On 5 May 2015, the French National Assembly adopted a Bill aiming at reinforcing state surveillance. Several internet players as well as politicians have already raised serious concerns regarding the adoption of this Bill....more

New ACLU App Will Allow Californians to Capture and Share Video on Police Encounters

In response to the increasing tensions between law enforcement agencies and the public, the ACLU announced it is launching an app to allow people to film law enforcement officers in action and automatically download a copy of...more

South Carolina Legislative Update

The House and Senate were extremely busy this week – The Senate Finance Committee approved their version of the over $6 billion appropriation bill, which includes a $236 million bond provision for higher education, technical...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

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