News & Analysis as of

Probable Cause Law Enforcement

Rumberger | Kirk

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

Rumberger | Kirk on

On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

Rumberger | Kirk

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

Rumberger | Kirk on

Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more

Dorsey & Whitney LLP

The Supreme Court - October 19, 2020

Dorsey & Whitney LLP on

Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more

Haight Brown & Bonesteel LLP

Ninth Circuit Upholds Officers’ Qualified Immunity in Dynamic Shooting Case

In Neftali Monzon v. City of Murrieta et al. (No. 19-55164, filed July 22/2020), Plaintiffs Neftali Monzon and Marylou Monzon sued the City of Murrieta and five individually named police officers (collectively “Defendants”)...more

Bradley Arant Boult Cummings LLP

Same Name, Different Blame: Sixth Circuit Finds Distinction Between Troopers in Race

One of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of...more

Ward and Smith, P.A.

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

Ward and Smith, P.A. on

Hemp and its derivatives – including hemp-derived cannabidiol ("CBD") – were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA"). That changed in December 2018,...more

Sands Anderson PC

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

Sands Anderson PC on

Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...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

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

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

Sands Anderson PC

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

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

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

McGuireWoods LLP

An Important Check On The Abuse Of Government Authority

McGuireWoods LLP on

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

Best Best & Krieger LLP

BB&K Police Bulletin: Investigatory Stop Still Valid Even If Officer Made Mistake of Law

Best Best & Krieger LLP on

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

14 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide