Hernandez v. Mesa Heard by Supreme Court
Recently, the Supreme Court heard oral argument in Hernandez v. Mesa to address issues arising out of the actions of U.S. Border Patrol agent Jesus Mesa when he fired a shot from United States soil that killed 15-year old Mexican boy Sergio Hernandez on Mexican soil.
Motion to Compel Granted in Part in Federal Employee Class Action Data Breach Litigation
Customers brought separate actions against Anthem, a health insurance company, after the company’s computer systems were compromised by a cyberattack.
Representatives Lieu and Beyer Release Guidance on Federal Employees Sharing Information with Public
On Thursday, February 16, 2017, Representatives Ted Lieu (D-CA) and Don Beyer (D-VA) released guidance for federal employees who may want to break the Trump administration’s “blackout” on federal agency communications with the press.
The Ninth Circuit Denies Emergency Stay of District Court Order on President Trump’s Travel Ban
Last week, the Ninth Circuit denied the Government’s motion to stay the district court’s order enjoining the nationwide enforcement of portions of Executive Order 13769.
Defendant Lacked Privacy Right in Vehicle Shipped to Him, Seventh Circuit
A defendant had no legitimate expectation of privacy in a car being shipped to him because he did not own the car, had never been inside it, and did not control the car’s contents, the Seventh Circuit recently held.
Supreme Court Finds that Officers Are Entitled to Qualified Immunity Finding Officers Did Not Violate Clearly Established Law
Recently, the Supreme Court held that a police officer who arrived late to ongoing police action did not violate clearly established law by failing to ensure that other officers carried out proper procedural warnings prior to his arrival.
Fourth Circuit: Frisks Are Constitutional Where Reasonable Suspicion Exists That Individual Is Armed
The Fourth Circuit recently held that an officer who makes a lawful stop and has reasonable suspicion a passenger is armed may frisk that individual.
Fifth Circuit: Reasonable to Believe Digital Video Recoverable Long After Production
A warrant for digital video was not based on stale information because a reasonable officer may believe that digital video would be recoverable months after its production, the Fifth Circuit recently held.
U.S. House Of Representatives Reintroduces Full Holman Rule For 115th Congress
On January 3, 2017, the United States House of Representatives passed a House Resolution, adopting rules for the 115th Congress.
Sixth Circuit: Unreasonable Seizure of Pets Is a Violation of the Fourth Amendment
Recently, the U.S. Court of Appeals for the Sixth Circuit found that an individual has a property right in his or her pet, the unreasonable seizure of which is a violation of the Fourth Amendment.
First Circuit: Arrest Without RAS Insufficient to Suppress Evidence in Removal Proceeding
The First Circuit recently reaffirmed that lack of reasonable suspicion to arrest a person was insufficient to suppress evidence arising from that arrest in an immigration proceeding.
Incidental Seizure of Emails between Foreign National and Defendant Did Not Violate Fourth Amendment Rights
The Court of Appeals for the Ninth Circuit recently found that an individual’s Fourth Amendment rights were not violated when his communications with an overseas foreign national were incidentally intercepted.
Qualified Immunity Granted where Probable Cause Could Have Occurred to Different Officer
The Ninth Circuit recently granted qualified immunity to an officer who arrested a driver without actually possessing probable cause to authorize the arrest because a reasonable officer could have known that probable cause did exist for the arrest.
Possession of Motorist’s License Alone Does Not Constitute Seizure
A driver of a disabled vehicle was not “seized” within the meaning of the Fourth Amendment where an officer asked for and received possession of the driver’s license, the Eleventh Circuit recently held.
Franks Challenge Denied Despite Reckless Omission of Evidence
The U.S. Court of Appeals for the Fourth Circuit recently found that the reckless omission of facts regarding an individual’s confinement to certain living areas of a residence did not prevent a finding of probable cause that the individual conducted criminal activity in other areas of the home.
Pepper Spraying Violent Detainee in Patrol Car Not Excessive Force
Twice pepper-spraying a detainee in the back of a patrol car did not violate the detainee’s Fourth Amendment rights, where the detainee was violently kicking the car door and resisting arrest, the Eleventh Circuit recently held in a § 1983 matter.
Officers Granted Qualified Immunity for Warrantless Entry to Recover Property
Applying the “consent-once-removed” doctrine for the first time since the Supreme Court’s 2009 decision in Pearson v. Callahan, the U.S. Court of Appeals for the Eleventh Circuit recently granted police officers qualified immunity after entering an individual’s residence to assist his former partner in obtaining property.
Seventh Circuit: Common Authority Applies to Password Protected Family Computer
A family member lawfully consented to the search of another’s password protected computer, where the computer owner did not attempt to keep computer password private.
Fifth Circuit: Exigent Circumstances Exception Applies to Vehicles
Over a wiretap, an FBI agent heard Robert Williams, a suspected leader of the drug trafficking organization the “Harvey Hustlers,” give permission to an associate to kill an individual he identified as “Tye” or “Todd.” The agent overheard Williams state that the target was driving around in a silver Infiniti coupe in the Kennedy Heights neighborhood of Avondale, Louisiana.
Consent to Search after Invoking Miranda Rights Is Not Itself a Miranda Violation
Last week, the U.S. Court of Appeals for the Sixth Circuit held that a defendant’s consent to a search, obtained after invoking her right to remain silent, is not testimonial evidence that can be suppressed as a Miranda violation.