News & Analysis as of

Law Enforcement

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

Tattoo U: What Can Employers Do About Offensive Body Art?

by Fisher Phillips on

A version of this article originally appeared in the March 2, 2017 edition of the Philadelphia Business Journal. - The Philadelphia Police Department is now enforcing its first-ever tattoo policy forbidding on-duty...more

Cops, Cameras & The Cloud: Axon’s Offer of Free Body Cameras to U.S. Police Departments

Earlier this month, Axon, the company formerly known as Taser, announced that it will offer a one year free trial of its body cameras and cloud storage to every police department in the United States. While controversy about...more

What is the Cost of Racial Profiling?

by Bennett Jones LLP on

The Ontario Divisional Court says it’s $75,000. In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000....more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

by PretiFlaherty on

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility...more

“Honorably Retired” for California Police Officer Defined by Court

by Best Best & Krieger LLP on

Among the many benefits bestowed on the brave men and women who honorably retire after serving behind the badge is the right to carry a concealed weapon in public. Owing to federal law, this right extends to every...more

New Proposed TN Legislation Allows Off-Duty Law Enforcement to Carry Guns in Sports and Entertainment Venues

The Senate Judiciary Committee had 28 bills pertaining to firearms up for discussion this week. One bill receiving a lot of attention, SB356 / HB455, would allow an off-duty law enforcement officer to carry a firearm to...more

Odor of Marijuana Grounds for Vehicle Search

by Pessin Katz Law, P.A. on

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently held that an officer’s use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right, and therefore,...more

Unlawful Arrest Case Dismissed

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber successfully moved for a dismissal in an unlawful arrest case against an Arizona County, and various County law enforcement officers. Prior to filing...more

EU court strikes down security legislation over privacy concerns

by Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed To Proceed

by Jackson Lewis P.C. on

A municipal employer that conducted hair follicle drug testing on police officers was not entitled to summary judgment on a Title VII disparate impact claim, because a reasonable jury could conclude that an alternative to...more

Legislation Update: How Should Law Enforcement Video Recordings Be Handled in NC?

House Bill 972 was signed into law last summer, and took effect on October 1, 2016. The law is a significant change in the way municipalities are required to handle video recordings made by law enforcement, both with dash...more

Are Police-Worn Body Cameras A Mandatory Subject Of Bargaining?

Whether justified or not, the recent spate of high-profile police shooting cases throughout the United States has brought national attention to the issue of whether law enforcement officers should be using body cameras while...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

by Nexsen Pruet, PLLC on

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Investigatory Powers Act 2016 becomes law

by White & Case LLP on

The UK Investigatory Powers Bill has received royal assent and passed into law as the Investigatory Powers Act 2016. The Act will have a significant and far reaching impact on data, technology and communications businesses,...more

Who Owns a Noise – Should Data Collected in a Public Space by a Private Company be Generally Accessible to the Public?

While law enforcement have access to new technology owned by third parties that assist them with protecting the public, questions arise as to who should own the data gathered by that technology. Sometimes, it is the...more

Michael Hensley and John Lierman Obtain Summary Judgment

Jones, Skelton and Hochuli Partner, Michael Hensley, and Associate, John Lierman, recently obtained summary judgment on all claims in Maricopa County Superior Court, for two Phoenix Police officers and a client restaurant,...more

Law Enforcement Permitted To Obtain GPS Location Data Without A Warrant In A Sex Trafficking Investigation

In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more

Follow the money - the Criminal Finances Bill

by White & Case LLP on

The Criminal Finances Bill sets out measures to combat money laundering and tax evasion that will also affect corporate compliance requirements, particularly in the finance and professional services sectors....more

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

by Pepper Hamilton LLP on

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

DOJ and EEOC Release Diversity in Law Enforcement Report

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A coalition report issued by DOJ and EEOC that tackles workplace diversity barriers in the ranks of law enforcement sheds light on the agencies’ views of best practices for enhancing diversity in...more

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