Law Enforcement

News & Analysis as of

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

Repeat drunk drivers need harsher penalties, Illinois police chief says

While Illinois enforces certain DUI laws, such as mandatory ignition interlock devices for all drunk driving offenders, law enforcement officials believe that stricter DUI penalties may be in order to reduce the number of DUI...more

Drone on Drones: New Court Decision Reflects Shifting Views on Privacy in Public

Whenever drone policy is raised as a topic, privacy concerns follow close behind it as a discussion point. The idea of aerial surveillance that is cheaper, less time-intensive and requires fewer man hours to get off the...more

Aviation & Aerospace and Surface Transportation Quarterly Newsletter

In This Issue: - Update on Developments in California Drone Law - One Community Gets Relief from Aircraft Noise - California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the...more

Sleeping Employee Wins $1 Million under the ADA

In a clear example of what not to do under the Americans with Disabilities Act (ADA), a simple and avoidable mistake turned into almost $1 million in liability for an employer accused of firing an employee for sleeping on the...more

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

Growing Use of Vehicle Monitoring Devices Fuels Increase in Privacy Concerns

In recent years, companies in the United States and abroad have increasingly turned to vehicle tracking devices and remote shut off devices to offer lower priced insurance products and auto loans to higher risk borrowers. On...more

New York Court Uses 1789 All Writs Act To Force Cellphone Company To Assist Law Enforcement Gain Access To Locked Cellphone

A New York federal magistrate court has ordered an unnamed cellphone manufacturer to attempt to unlock a password-protected cellphone so that a search warrant may be executed. In early October, the court authorized law...more

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