Law Enforcement

News & Analysis as of

Administration and SIFMA Announce New Steps to Make Financial Data More Secure

On October 17, 2014, President Obama directed the federal government to take steps to improve the security of financial transactions in the United States. As part of the “BuySecure” Initiative, the President pledged a...more

Court Decisions in the U.S. and China Bolster Law Enforcement’s Ability to Prosecute Global Corporate Corruption

On October 6, 2014, the United States Supreme Court declined to accept an appeal involving violations of the Foreign Corrupt Practices Act (“FCPA”)—the U.S. statute that criminalizes the bribing of foreign officials. The...more

Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure

In Indio Police Command Unit Association, et al., v. City of Indio, et al. (--- Cal.Rptr.3d ---, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act...more

Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras

While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment procedures, there are some legal — and somewhat controversial — hurdles...more

A Moment of Simple Justice - Death by Cop [Video]

Oct. 6, 2014 (Mimesis Law) -- According to recent reports, police officers in the United States killed at least 409 individuals in 2012. Police officers in the United Kingdom discharged their weapons three times in the same...more

Illinois Court Holds No Coverage for Malicious Prosecution Claim

In its recent decision in St. Paul Fire & Marine Ins. Co. v. City of Zion, 2014 Ill. App. LEXIS 659 (Ill. App. Ct. Sept. 10, 2014), the Appellate Court of Illinois, Second District, had occasion to consider whether, under a...more

Governor Signs Two Gun-Related Bills; Vetoes One: Restraining Order and Toy Gun Bills Approved; Gun Registration Bill Vetoed

Gov. Jerry Brown recently took action on three bills of interest to law enforcement. He signed a measure allowing temporary restraining orders to block gun use, approved a bill requiring toy guns to be brightly colored and...more

Drone on Drones: Gov. Brown Vetoes AB 1327, Protecting Police Use of Drones

Amid controversy over the bill and its potential consequences, Gov. Jerry Brown vetoed AB 1327 this Sunday. The bill would have required law enforcement agencies to obtain a warrant before using a drone to gather criminal...more

“Stay Put” Seizure by Law Enforcement Clarified by the Court

When officers carry out a “consensual encounter” with a member of the public, unless they have reasonable suspicion that someone is breaking the law, they are not permitted to detain the person for any longer than necessary...more

Use Of Police Reports By School District In The Aftermath Of The Supreme Court’s Recent Ruling

Police reports are a practical tool for school districts in investigating (and countering) both student and employee misconduct. The Connecticut Supreme Court has resolved an intense debate about what law enforcement...more

New Jersey’s New Law Mandates Video Cameras in Police Vehicles: When it Comes to Law Enforcement Encounters, a Video is Worth a...

These days, cameras seem to be everywhere. From shameless “selfies” to stealthy surveillance videos, our every move seems to be memorialized in some way, like it or not. While some may long for more private times when many...more

Drone on Drones: The (Dated) Law of the Skies

In the 1980s, the Supreme Court issued two decisions that remain the prevailing authority on law enforcement’s practice of warrantless, aerial surveillance. In California v. Ciraolo, the Court held that a police officer...more

Your Client is Hacked and Personal Information is Leaked Online – Now What?

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is...

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful...more

Mile-High Marijuana for Arizonans #CriminalDefenseAttorney

As a criminal defense attorney in Arizona, I was paying particularly close attention on January 1, 2014, when Colorado became the first state in the Union to permit the legal use of recreational marijuana. In amending their...more

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

Status Updates - September 2014 #7

..Time out. New FTC rules will generally require Internet retailers to give consumers the option of a full refund for an online purchase that the retailer failed to ship within the time period promised in the retailer’s...more

Emerging Technologies Push the Boundaries of Privacy Law

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

Non-party SIU Ordered to Produce Witness Statements in Police Litigation

In the recent case McGillivary v. Toronto Police Services Board, 2014 ONSC 865, Master Muir granted the plaintiffs’ Rule 30.10 documentary production motion with regards to evidence obtained by the non-party Special...more

Bad News Barnes and China’s Overseas Efforts to Fight Corruption

I thought about Bad News Barnes whilst reading some recent Financial Times (FT) articles about China’s fight against corruption. They were “China takes its anti-corruption battle to foreign shores” and “China bribe cases pose...more

China Update - September 2014

In This Issue: - U.S-China Relations - Chinese Embassy News - Energy & Environment - Trade - Excerpt from U.S.-China Relations: Ambassador Baucus Remarks on Corruption: On August 15,...more

A Moment of Simple Justice - Ferguson & the Media [Video]

Sept. 16, 2014 (Mimesis Law) -- With the arrests of several journalists during the protests in Ferguson, Scott wonders if the relationship between the police and media has changed. Can the press report the news independent of...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more

Law Enforcement Must Preserve Police Camera Video Known to be "Potentially Useful" to the Defense

Court faults officers for failing to preserve video footage and orders charges dismissed - Overview: The Court of Appeal held in a published case that officers violated a defendant’s due process rights by failing to...more

Police Departments Turning to Body-Mounted Cameras

As a regular presenter on use of force tactics to law enforcement academies, I am often asked why all law enforcement agencies have not implemented body-mounted cameras for all uniformed officers. The simple answer is that...more

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