Law Enforcement

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Appellate Court Notes

SC19047 - Commissioner of Public Safety v. Freedom of Information Commission - 1994 legislation that expanded the disclosure requirements of law enforcement agencies beyond just the name, rank & serial number of the...more

CFPB to Assume a Larger Role in Virtual Currency Initiatives

On June 26, 2014, the U.S. Government Accountability Office (“GAO”) released a report, entitled “Virtual Currencies: Emerging Regulatory, Law Enforcement, and Consumer Protection Challenges.” The report, delivered earlier to...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

United States Supreme Court: Warrants are required to search digital data on seized cell phones

On June 25, 2014, in Riley v. California, a unanimous United States Supreme Court held that the Fourth Amendment requires that police obtain a warrant prior to searching the digital data found on an arrested suspect’s cell...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

Supreme Court Rules That Police May Not Search Cell Phones Without A Warrant

One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more

In Riley v. California, Supreme Court Rules Police Must Obtain Warrant before Searching Cell Phones

In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more

A Victory for Personal Information Privacy

In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a...more

Four Tips on Handling a Police Encounter

Many people find interaction with law enforcement to be a nerve-wracking affair. Following are five tips on handling a police encounter in Ohio: Be polite and courteous — You do not have to speak to police. ...more

U.S. Supreme Court: Police Must Obtain Warrant Before Searching Cell Phones

In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more

Privacy & Data Security Update: Supreme Court Rules that Warrants are Required for Cell Phone Searches

On June 25th, the Supreme Court brought the Fourth Amendment into the digital age with its ruling in Riley v. California. The case presented the question of whether a warrant was required in order for law enforcement to...more

Litigation Alert: Supreme Court Defends Expectation of Privacy In Cell Phone Data

The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more

Week in Review

Technology's impact on privacy took center stage in news headlines this week. The New York Times and National Public Radio (NPR) both reported on alternative software tools to track employees in the workplace - one tool...more

Supreme Court Unanimously Rules That Police Officers Cannot Search the Contents of Cell Phones Incident to Arrest Without...

In Riley v. California, the United States Supreme Court unanimously held that the Fourth Amendment prohibits police officers from searching through the data on an arrested suspect's cell phone as an "incident to the arrest"...more

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest...

With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more

Supreme Court Unanimously Prohibits Warrantless Searches of Cellphones

Today, the United States Supreme Court ruled unanimously that law enforcement may not search a cellphone absent a warrant or exigent circumstances. The vast majority of law enforcement searches occur incident to arrest and...more

BB&K Police Bulletin: Officers Named in Shootings

State Supreme Court Rules that Police Agencies Must Disclose Names of Officers Involved in Shootings Under the California Public Records Act - Overview: The California Supreme Court just ruled that the names of police...more

What Law Enforcement Branch Is Investigating You?

If you are the subject of a criminal investigation, you may assume the local police are running the show. However, if you are suspected of committing a federal crime, you can be sure a federal law enforcement agency is taking...more

Mutual Legal Assistance Treaties And Letters Rogatory: A Guide For Judges

The investigation of transnational criminal conduct often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement...more

Public Safety Recruitment and Retention Challenges Return with the Economy

The challenge of recruitment and retention for law enforcement has plagued the profession for the past two decades. Back in the dot com boom era, law enforcement agencies were having a difficult time recruiting qualified...more

Amendments to Welfare & Institutions Code Section 8102 Change Petition and Disposition Procedure

Overview: Welfare and Institutions Code section 8102 requires a law enforcement agency to confiscate all firearms or other deadly weapons owned or controlled by someone who has been placed on a mental health hold under...more

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