News & Analysis as of

Search & Seizure Police

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

BB&K Police Bulletin: Detention and Seizure - Voluntary Relinquishment of Identification Card Does Not Constitute Seizure

by Best Best & Krieger LLP on

Overview: A California appellate court recently ruled that the voluntary relinquishment of one’s identification card, upon request by a law enforcement officer, did not constitute a detention or seizure under the...more

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more

BB&K Police Chief Bulletin: Custodial Arrest - Only Three Ways to Support Custodial Arrest for Suspected Infraction

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more

Your dumb smart phone will give you up to the police!

by Thomas Valkenet on

Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your...more

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Cybersecurity

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