News & Analysis as of

Arrest Law Enforcement

DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

DRI on

Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Marshall Dennehey

Third Circuit Clarifies Availability of Qualified Immunity for Police Officers Accused of Deliberate Indifference to Arrestees’...

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In Thomas v. City of Harrisburg, et al., 2023 WL 8461096 (3d Cir. Dec. 6, 2023), the United States Court of Appeals for the Third Circuit recently determined that police officers were not entitled to qualified immunity where...more

Marshall Dennehey

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Marshall Dennehey on

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

Sands Anderson PC

Citizen’s Arrest in Virginia: Legal But Risky

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Virginians have lots of images in mind when they think of someone getting arrested for a crime. Sometimes they picture a driver in cuffs on the side of the road. Sometimes they imagine, with the aid of television and movie...more

American Conference Institute (ACI)

[Webinar] 11th Annual Law of Policing Conference - November 4th - 5th, 9:00 am - 5:00 pm PST

Canadian Institute’s 11th Annual Law of Policing Conference, returns this year, in a fully virtual and interactive format where experts will delve into legislative updates, precedent-setting cases, police liability and the...more

Vinson & Elkins LLP

Docket Check: An Overview Of Key Criminal Cases The U.S. Supreme Court Will Hear This Term

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The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases. Amidst the current national conversation about policing, the Justices will consider the...more

Best Best & Krieger LLP

Investigatory Privilege and California Public Records Act Requests

It's the Information, Not the Record, that Must be Considered, Say BB&K's Christine Wood and Isaac Rosen in PublicCEO - One afternoon in May 2015, six Glendora Police Department officers entered a residence in La Puente,...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Use of Handcuffs During Late Night Terry Stop

In United States v. Bekim Fiseku, the Second Circuit (Cabranes, Lynch, Carney) rejected the defendant’s argument that police officers unlawfully seized evidence from the trunk of his co-defendant’s vehicle. ...more

Patterson Belknap Webb & Tyler LLP

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

Best Best & Krieger LLP

Police Arrest Videos Not Considered Confidential

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The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

WilmerHale

Court in Bloody Sunday case applies “necessity” threshold for lawful arrest

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In B, N, O, Q, R, U, V (Former Soldiers) v The Chief Constable of the Police Service of Northern Ireland [2015] EWHC 3691 (Admin), Lord Thomas provided helpful clarification on the court’s interpretation of legislation...more

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