Law Enforcement

News & Analysis as of

Odor of Marijuana Grounds for Vehicle Search

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

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

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

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

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

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

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

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

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

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

Justice Department and Equal Employment Opportunity Commission Release Advancing Diversity In Law Enforcement Report

WASHINGTON - The Justice Department and the Equal Employment Opportunity Commission (EEOC) released a comprehensive report today that examines barriers and promising practices - in recruitment, hiring and retention - for...more

U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics...

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource...more

Department of Education Releases New Guidance on SROs, Police in Schools

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Is Your Health Care Facility Prepared for an Active Shooter? [Video]

How prepared is your health care facility for the unimaginable? No one wants to think an active shooter situation could occur on their hospital campus or in their medical facility. But, the more prepared you are, the better...more

Arizona Sheriff’s Criminal Contempt Charge Reinforces Importance of Compliance with Civil Orders

President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end...more

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

Criminal Mugshots Are Privacy-Protected Says Divided Sixth Circuit Panel

A deeply divided en banc panel of the U.S. Court of Appeals for the Sixth Circuit held that federal authorities can withhold criminal booking photos requested by the public pursuant to the Freedom of Information Act (“FOIA”)....more

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Cybersecurity

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