Law Enforcement

News & Analysis as of

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

Cert. Petition Seeks to Clarify “Public Official” Under New York Times v. Sullivan

More than 50 years ago, the Supreme Court issued its foundational First Amendment decision New York Times v. Sullivan. The Court held in Sullivan that the First Amendment protects all published statements about public...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

The Stored Communications Act’s Warrant Provisions Do Not Apply Extraterritorially

On July 14, the Second Circuit in Microsoft v. United States ruled that the Stored Communications Act (SCA) “does not authorize a U.S. court to issue and enforce an SCA warrant against a United States-based service provider...more

“Run for the Hills” Validated by the Second Circuit: Warrants for Electronic Communications Cannot Apply Across International...

In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more

A Sign of the Times: Philadelphia Insures Against Police Liability Claims Ahead of the Democratic National Convention

Given the current climate of hard-fought elections, law enforcement backlash, and fervent nationwide protests, it is no surprise that the insurance industry is being called upon to mitigate the significant risk surrounding...more

Female deputy’s different treatment poses problem for sheriff

For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more

DOJ Criminal Chief Continues Push For More Access To Encrypted Data

On June 6, 2016, during a speech at a Cybercrime Symposium co-organized by the Centers for Strategic and International Studies and the Department of Justice’s (“DOJ”) Computer Crime and Intellectual Property Section,...more

SC Public Policy Update - June 2016 #2

What's New - Pursuant to the sine die resolution, legislators will return to Columbia June 15 through 22 to take up various items including vetoes and conference reports. House and Senate conferees likely meet next week...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Suspicious Activity Reports: Why They Matter

The Bank Security Act (BSA) states that financial institutions have an obligation to aid law enforcement in identifying suspicious financial transactions through what is known as a Suspicious Activity Report (SAR). As banking...more

SC Public Policy Update - May 2016 #4

What's New - SENATE - The Senate had a busy week working through the Senate calendar and addressing bills returned from the House. The Senate concurred with the House amendments on S. 1035, the “South Carolina...more

“Hacking” Warrants: A Question of Procedure or Substance?

Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect...more

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