Law Enforcement

News & Analysis as of

New Ukrainian Anti-Corruption Law Takes Effect Establishing a Public Anti-Corruption Law Enforcement Bureau

On January 25, 2015, a new anti-corruption law took effect in Ukraine as part of a comprehensive legislative initiative targeting corruption among government employees, public officials and private legal entities, and...more

Supreme Court Continues to Advance Broad View of Whistleblower Protections

Various whistleblower laws protect employees who "lawfully" disclose confidential information in good faith to bring to light illicit or illegal activity. Generally, therefore, employees do not receive whistleblower...more

Drone on Drones: Recent Crashes Raise Public Awareness of Security Threat From Drones

Two drone crashes in recent weeks have raised public safety concerns, as law enforcement and national security agencies grapple with how to prepare for — and respond to — illicit uses of unmanned aerial vehicles....more

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

Preparing for an Active Shooter Incident in a Health Care Facility

The Ober|Kaler Health Care General Counsel Institute presented this webinar discussion of key considerations in addressing an active shooter situation, including specific considerations within health care facilities. Not only...more

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

No Safe Haven: DOJ Can and Will Seize Proceeds of Wholly Foreign Corruption

Nine pieces of real property in the New Orleans area purchased and owned by Honduran government official Mario Roberto Zelaya Rojas (“Zelaya”) are proceeds of criminal activity and subject to seizure, according to a civil...more

Supreme Court Backs Whistleblowing Air Marshall

On January 21st, the Supreme Court affirmed a former air marshal's right to whistleblower protection relating to his leaking of air security plans to the media. The 7-2 decision written by Chief Justice John Roberts in the...more

An ICE Detainer is Merely a Request—Not a Requirement

Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and...more

BB&K Police Bulletin: California Court of Appeal Clarifies Eleventh Amendment Immunity for State Officials

Court Holds Sheriff Not Subject to Damages Under Section 1983 - Overview: The California Court of Appeal clarified that the Eleventh Amendment immunity does not apply in civil rights actions brought in California...more

Retrench of DOJ’s Equitable Sharing Program Could be Boon to N.C. Schools

“Equitable Sharing” sounds so reasonable. Who could argue with it? Here’s what it is, and what it does: The Justice Department’s Equitable Sharing program allows federal law enforcement agencies to “adopt” seizures of...more

How the Rise in Undercover Investigations is Changing the Law  [Video]

Jan. 19, 2015 (Mimesis Law) -- Robert Blecker, professor of law at New York Law, talks with Lee Pacchia about the dramatic rise in undercover investigations and their effect on the legal defense of entrapment....more

FinCEN Highlights Information Sharing Program Among Regulatory, Law Enforcement Agencies

On January 6, FinCEN released a fact sheet highlighting its Section 314(a) Program of the USA PATRIOT Act. Under the Section 314(a) Program, federal, state, local and foreign law enforcement are able to contact, through...more

More boots on the ground: FAA provides law enforcement guidance for suspected unauthorized UAS operation

There could soon be a lot more boots on the ground and eyes on the sky watching for dangerous or unauthorized Unmanned Aircraft Systems (UAS, or “drones”). On January 8, 2015, the Federal Aviation Administration (FAA)...more

BB&K Police Bulletin: Burden of Proof on Government in Request for Return of Property Not Considered Contraband

Ninth Circuit Decides There Must Be “Legitimate Reason” for Retaining Property - Overview: The Ninth Circuit recently held that, once a criminal investigation or prosecution is completed, the government bears the...more

FAA Ramps Up Drone Ban Enforcement by Enlisting State/Local Police Assistance - FAA Guidance Document Identifies Specific Actions...

The Federal Aviation Administration (FAA) has issued new written guidance that enlists police departments to help enforce the government's ban on the commercial use of unmanned aerial vehicles (UAS) in the national air space....more

Status Updates - January 2015

Fake-out stakeout. For several months now, we’ve been covering the increasingly prevalent use of social media by law enforcement agencies conducting criminal investigations. In one such instance, the FBI sent a link to a...more

Considering the Impact of Driverless Cars

Driverless cars, also called autonomous cars, auto-pilot cars, robo-cars, automated cars, connected cars, self-driving cars, or driver-free cars, can navigate and sense the surrounding environment without human input during...more

Post-traumatic stress disorder common in police officers

According to a recent study by the U.S. Department of Veterans Affairs, working as a full-time law enforcement officer in the American inner city can be as traumatic as combat service in the military. More than 600 police...more

A Moment of Simple Justice - Undercover Lover  [Video]

Jan. 5, 2015 (Mimesis Law) -- Undercover cops are faced with difficult decisions every minute of their day while on duty, but is fathering a child with a target going too far? According to Scott, drawing the line between...more

Connecticut Supreme Court Rules That A Lying Police Officer Must be Reinstated Because His Lies Were Not “So Egregious.”

Should a police officer who was terminated for lying to the Town of Stratford’s independent physician about his alcohol abuse and epilepsy be permitted to return pursuant to an arbitration panel’s determination that a...more

BB&K Police Bulletin: Investigatory Stop Still Valid Even If Officer Made Mistake of Law

An Officer’s Objectively Reasonable Mistake of Law Can Support Finding of Probable Cause - Overview: The U.S. Supreme Court held that an officer’s mistaken belief that a driver had violated a state vehicle code...more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

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