News & Analysis as of

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

BB&K Police Bulletin: Police Need Search Warrant to Examine Hotel/Motel Registers

Municipal Code Section Allowing Warrantless Inspection of Hotel Guest Records Constitutes Search - Overview: The Ninth Circuit recently held that a police officer’s non-consensual warrantless inspection of hotel guest...more

Appeals Court: Forced Rectal Search of Suspect Violates 4th Amendment

In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive...more

Can The Police Search My Cell Phone Without Permission?

Many of us store our most intimate information on our mobile phones....more

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more

Warrantless Entry Allowed In Response to 911 Call Where There Is Evidence Of Injury

Have you ever wondered, as a parent, as a child, or perhaps as a college roommate, what the police can do when you call 911 on behalf of another? In Stricker v. Twp. of Cambridge, Case No. 11-1998 (6th Cir. Jan. 14, 2013),...more

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

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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