Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

VA Employee Asks Eleventh Circuit To Ease EEO Reprisal Legal Standard For Federal Employees

FEDagent recently reported the U.S. Supreme Court’s decision in Babb v. Wilkie. In Babb, the Supreme Court reversed a panel of U.S. Court of Appeals for the Eleventh Circuit and held the prohibition against age discrimination in the federal workplace was broader than that applied in the private sector. We update you now that plaintiff Noris Babb is requesting the full Eleventh Circuit to apply the Supreme Court’s holding to lower the bar to establish EEO reprisal claims in the federal workplace.

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Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Whether Suspect Shot By Police Was “Seized” For Fourth Amendment Purposes To Be Decided By Supreme Court

Whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, in a case where officers shot a suspect who temporarily eluded capture and subsequently sued for civil damages, is set to be decided by the U.S. Supreme Court in its Fall Term.

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Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Failure to Obtain Anticipatory Search Warrant Does Not Invalidate Search Under Exigent Circumstances, Ninth Circuit Finds

On August 4, 2015, the United States Postal Inspection Service in Honolulu executed a search warrant and found approximately six pounds of methamphetamine in a package from Las Vegas, addressed to Bryant Kazuyoshi Iwai’s condominium. The next day DEA agents obtained a second warrant to track a controlled delivery of the package to Iwai’s building, with a GPS tracking device that would activate a rapid beeping signal when the package was opened.

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Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Inclusion of Illegally Obtained Evidence Does Not Defeat Detailed Warrant Application

Mark Turner persuaded Demontae Bell to help him sell several stolen firearms. When Turner later was arrested on charges related to manufacturing methamphetamine, he cooperated with law enforcement, provided them information about the firearms sale, and aided the government in targeting Bell. After a controlled transaction, Turner showed FBI Special Agent Jason Nixon a photo of an AK-47 on his phone, which he said Bell had texted to him.

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