Probable Cause

News & Analysis as of

Corporate Investigations & White Collar Defense - September 2015

No Dog Days of August for the SEC—A Recap of a Busy Month - Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more

Second Circuit Limits Government's Ability To Seize Assets Without A Warrant

In the recent decision United States v. Cosme, 14-1625-cr, a panel of the Second Circuit held that the government cannot seize and then hold a defendant's property pending the resolution of criminal charges without a judicial...more

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

Statute Criminalizing Election Campaign Lies Found to Violate First Amendment and Article 16

On August 6, 2015, the Massachusetts Supreme Judicial Court (SJC) in Commonwealth v. Lucas struck down Massachusetts General Laws, Chapter 56, § 42 (Section 42), which criminalized the utterance or publication of “any false...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...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

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

BB&K Police Bulletin: Police Can Stop Reckless Driver Based On Anonymous Tip

Officers Had Reasonable Suspicion of Criminal Activity Based Upon the Totality of the Circumstances - Overview: The Supreme Court recently held that peace officers who conducted a traffic stop and searched a vehicle...more

BB&K Police Bulletin: Medicinal Marijuana and Probable Cause

Possession of Any Amount of Medicinal Marijuana Enough to Search Automobile - Overview: A California Court of Appeal has ruled that a law enforcement officer’s observation of any amount of marijuana in a vehicle...more

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of...

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of...more

Second Circuit Holds That New York City Commission On Human Rights’ Procedures Satisfy Constitutional Due Process

Rosu v. City of New York, No. 13-cv-243 (2d Cir. Feb. 7, 2014): Underlying this case, Mircea Rosu filed a complaint with the New York City Commission on Human Rights alleging that his manager and coworkers discriminated...more

Maine Legislature to Consider Employer Drug Policies

Over the next few months, the Maine Legislature will be considering substance abuse policy regulation. Senator Andre Cushing has introduced a bill, LD 1669, An Act To Standardize and Simplify the Process for Employers To...more

Establishing the “Probable Cause” Element of a Malicious Prosecution claim

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is that the prior action was filed and/or continued without probable cause. Just...more

Federal Judge Rejects NYPD’s ‘Stop and Frisk’ Policies

In a decision issued today that could potentially change the way police operate in the Big Apple, U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) ruled that, for years, New York City police officers have been...more

Question Of Fact Exists Whether Officer Had Probable Cause To Arrest A Man Sleeping In A Car For DUI; Judges Grapple Over Standard...

In Romo v. Largen, on interlocutory appeal, the Sixth Circuit affirmed the Western District of Michigan's decision that reasonable minds could differ as to whether Officer Jeff Largen had probable cause to arrest Candido...more

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

Court to Rule on Exceptions to Warrant Requirement for GPS Tracking

The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a...more

"Ruff" Ruling For Defendant: Supreme Court Says Dog's Alert To Drugs Is Reliable Based On All Of The Circumstances

In Florida v. Harris, a recent case decided on February 19, 2013, the Supreme Court held that a dog's alert can be sufficient to establish probable cause if all of the facts surrounding a dog's alert, viewed through the lens...more

Facebook needs a "probable cause" button.

Are you proud to have lots of Facebook "friends?" Well, any one of them can give strangers, including the U.S. Government, access to your account. Your privacy settings won't completely bar access by strangers. In an August...more

Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

21 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.