While Leonardo Ortega was closing a Subway shop, two masked men entered. One aimed a gun at Ortega and the other stole cash from the register. A struggle ensued, and Ortega was shot and pronounced dead when he arrived at the hospital.

Convicted “D.C. sniper” Lee Boyd Malvo’s appeal of his sentence to life in prison without parole was argued before the U.S. Supreme Court this week.

A political appointee retired from federal service after almost four years of civilian service, relying on advice from a human resources official that he could “buy back” time spent as a cadet at West Point and credit it towards the five years of civilian service required to qualify for a FERS retirement annuity. When OPM found that he was ineligible for an annuity, he appealed to the Merit Systems Protection Board, which affirmed OPM’s decision. The employee appealed. On October 2, 2019, the United States Court of Appeals for the Federal Circuit affirmed the Board’s decision.

On September 27, 2013, Luis Hernandez, a U.S. citizen, was arrested and charged with public lewdness, a misdemeanor. While he was being processed in the New York City criminal court system, U.S. Department of Homeland Security (DHS) Officer W. Outlaw lodged an immigration detainer against him, incorrectly asserting that Hernandez was the subject of an order of removal. The detainer identified Hernandez as an “alien” named “Luis Enrique Hernandez-Martinez” with a nationality of “Honduras.” The detainer requested the city’s department of corrections maintain custody of Hernandez, and the city complied.

January 14, 2016, was Terry Parnell’s birthday. That evening, he was celebrating with his fiancée, Nicole Cann, at her home in Detroit. That evening, Cann wanted to practice firing a legally purchased handgun, and she went out to her front porch and fired several practice shots at an abandoned home.

An ICE Supervisory Special Agent delivered a document to a colleague at the direction of his supervisor, the Assistant Special Agent in Charge. The colleague (a Special Agent) later used the document in support of his own whistleblower case against the Agency. After the Agency learned of the Supervisory Special Agent’s involvement in his colleague’s appeal, he was not selected for promotion, and received a lower-than-normal performance appraisal. He then filed a complaint with the Office of Special Counsel, alleging that the agency retaliated against him for providing information to his colleague that was later used in his colleague’s appeal.

On May 26, 2017, Miguel Angel Vega-Torres was a passenger on a commercial bus that stopped at a border patrol checkpoint in Falfurrias, Texas. Border Patrol Agent David Gonzalez conducted an inspection of the bus at the checkpoint. During that inspection, Agent Gonzalez asked Vega-Torres for his citizenship documentation. Vega-Torres handed Agent Gonzalez his Legal Permanent Resident (“LPR”) card. Agent Gonzalez had a difficult time matching Vega-Torres’s face with the LPR card photo because Vega-Torres was occupied on his cell phone and made brief eye contact with Agent Gonzalez.

Whether the mere offer to buy or sell a controlled substance can, by itself, constitute the crime of an “attempt” to violate the Controlled Substances Act (CSA) is currently on petition for certiorari to the U.S. Supreme Court.

Earlier this year, FEDagent reported on oral argument heard before the Supreme Court in Mitchell v. Wisconsin, a case that asks whether a state statute permitting a warrantless blood draw of an unconscious driver is authorized under the Fourth Amendment. Recently, the Supreme Court issued its decision on that case, and held that when a driver is unconscious and cannot be given a breath test, the exigent circumstances doctrine permits a blood test without a warrant.

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.

After the president issued three executive orders regarding relations between the federal government and its employees, several federal employee unions filed lawsuits in district court to challenge provisions in those orders. Those suits were consolidated at the district court in June 2018. In its August 2018 decision, the district court found several provisions in the executive orders unlawful, and ordered agencies to cease implementation of those provisions. The government appealed the district court decision, and on July 16, 2019, the United States Court of Appeals for the D.C. Circuit found that the district court lacked jurisdiction to hear the unions’ claims, and vacated the district court judgment.

Recently, the Ninth Circuit held that law enforcement cannot detain incident to the execution of a search warrant when the purpose of the search is to detain, interrogate, and arrest a large number of individuals without individualized reasonable suspicion.

The Supreme Court ruled this week on Gamble v. United States, first reported in FedAgent in October 2018.

FEDagent previously reported on the Supreme Court’s opinion in Carpenter v. United States. In Carpenter, the Court held that the third-party doctrine does not apply to cell-site location information, and that the government’s acquisition of cell-site location information is a search under the Fourth Amendment requiring a warrant. On remand, the U.S. Court of Appeals for the Sixth Circuit found that the FBI agents who obtained the cell-site location information reasonably relied on the Stored Communications Act when obtaining that information, and therefore, acted in good faith.

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.

Last year, FEDagent reported on oral argument heard before the Supreme Court in Nieves v. Bartlett. This week, the Supreme Court issued its decision on that case, holding that a law enforcement officer’s probable cause to arrest an individual precludes a citizen’s First Amendment retaliatory arrest claim as a matter of law.

Starting in early February 2015, Ronnie Cornell Cosby used his cell phone to take photos of T.L., a 15-year old runaway, post the photos to the internet, and negotiate with men who then paid Cosby to have sex with the girl in Hammond, Indiana.

Recently, the Supreme Court heard oral argument in Mitchell v. Wisconsin, which asks whether a state statute permitting a warrantless blood alcohol draw of an unconscious driver is authorized under the Fourth Amendment.

After waiting years for the adjudication of his case without a quorum at the MSPB, a former federal employee requested relief from the United States Court of Appeals for the Federal Circuit. On April 30, 2019, the appeals court granted his motion.

A suit against the City of Saginaw and an officer in her personal capacity for “chalking” the plaintiff’s vehicle to issue her parking tickets, alleging a violation of the plaintiff’s Fourth Amendment rights, may proceed, the Sixth Circuit recently held.