News & Analysis as of

Law Enforcement

Forecasting the Impact of the New US CLOUD Act

by Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

The Weekly Round-Up: Federal Court Blocks White House from Punishing Sanctuary Cities, Florida Businesses Oppose Mandatory...

Los Angeles Federal Court Bars White House From Punishing Sanctuary Cities - On Wednesday, United States District Court Judge Manuel Real ruled that the Department of Justice could not give special treatment to cities...more

Parody Facebook Page Leads to Unjustified Arrest That Infringes Author’s Free Speech Rights

by Hodgson Russ LLP on

A new federal court decision highlights the tension between fake Facebook pages and First Amendment rights, particularly when the page involves a governmental entity....more

Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration

The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to...more

Banking Disputes Review - April 2018

by DLA Piper on

Welcome to the latest edition of our Banking Disputes Review, a collection of recent articles on cases and legal developments of interest to those working in the Financial Services Sector. Please see full Publication below...more

US Supreme Court Holds Police Officer Shooting was Lawful

by Poyner Spruill LLP on

The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends

by CloudNine on

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints. A couple of days ago Sharon Nelson (on her excellent Ride the Lightning blog) covered a Forbes article that discussed...more

United States Supreme Court Reverses the Ninth Circuit’s Denial of Qualified Immunity

This week, the United States Supreme Court once again reversed the Ninth Circuit’s refusal to apply qualified immunity. The Supreme Court ruled that qualified immunity protected an officer who shot a non-compliant,...more

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

by Sands Anderson PC on

The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

AG Requires New Jersey Police Departments To Randomly Drug Test Officers

by Genova Burns LLC on

The New Jersey Attorney General has issued new directive requiring all law enforcement agencies in the state to conduct random drug testing. The guidelines now make all officers subject to drug testing, whether they are...more

Reaching for the clouds - how the US government plans to access data stored abroad

As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service providers and social...more

The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

by Bryan Cave on

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

The Supreme Court - April 2, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Encino Motorcars, LLC v. Navarro, No. 16-1362: The Fair Labor Standards Act (“FLSA”) requires that employers pay covered employees overtime compensation,...more

Congress Passes CLOUD Act to Facilitate Law Enforcement Access to Overseas Data

by Jones Day on

The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data. The Result: U.S. law enforcement...more

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

by WilmerHale on

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic...more

Arizona Supreme Court Accepts Review of Police Dog Bite Case

A driver approaching from the opposite lane nearly hit a Pima County Sheriffs’ deputy head on. The deputy activated his emergency lights and pursued the driver. ...more

China passes new law to support new super anti-graft agency

by DLA Piper on

On March 20, 2018, China's top legislative body passed the Supervision Law (SL). The SL provides a legislative basis for the operations of the newly established National Supervision Commission (NSC), an anti-graft agency...more

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

by Dickinson Wright on

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

Good Faith Exception to Exclusionary Rule Saves Conviction Based on Illegal Search

In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

by Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

Manhattan District Attorney’s Office Forms New “Work-Related Sexual Violence Team”

by Seyfarth Shaw LLP on

In further demonstration of how law enforcement is being faced with new challenges in light of the recent attention paid to work-related sexual violence, Manhattan District Attorney Cyrus R. Vance, Jr., just announced a new...more

District of Columbia v. Wesby

Yesterday, the United States Supreme Court reversed the Court of Appeals for the District of Columbia Circuit holding that: (1) officers had probable cause to make arrests for unlawful entry and (2) even if the officers...more

The Supreme Court - January 23, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday: National Assn. of Mfrs. v. Department of Defense, No. 16-299: In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

New York Governor Announces Drone Fleet for its State Police

Last week, Governor of New York, Andrew Cuomo, announced the launch of a new State Police Unmanned Aerial System (UAS) program, which will be used for law enforcement missions, including, but not limited to, disaster...more

FAA Releases Drone Identification and Tracking Report that the FAA Will Consider in Drafting its Final Rule on In-Flight Drone...

Law enforcement agencies want accountability when it comes to drone flights, especially when those flights are over people. Enabling a drone and its owner/operator to be quickly identified by law enforcement is necessary...more

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Cybersecurity

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