Social Media in Law Enforcement – The Good and the Bad?
1/10/14
By: Sun Choy
It was only a matter of time before the explosion of social media made its way into law enforcement. I read an interesting article in Forbes about the first police department in the United States to launch …
“Good Faith” Defense to TCPA Liability
1/7/14
By: Matt Foree
A California federal court has recently held that a debt collector is not liable under the Telephone Consumer Protection Act (“TCPA”) based on the collector’s “good faith” belief that Plaintiff provided prior express consent to the calls. …
Law Enforcement Drones: Presenting 21st Century Risk Questions
12/20/13
By: Wayne S. Melnick
With the recent news reports that commercial sales companies such as Amazon.com are beginning to use drones to deliver packages ordered online, governmental insurers might want to turn their attention to the use of drones in …
Life, Liberty, and the Pursuit of Misdemeanors
11/7/13
By: Ali Sabzevari
Generally in situations where an officer is truly in “hot pursuit” and the underlying offense is a felony, the Fourth Amendment usually yields to the officer’s interest in apprehending the fleeing suspect.
What about situations where the …
U.S. Senate May Pass Legislation That Would Prohibit Employment Discrimination On The Basis Of Sexual Orientation And Gender Identity
11/6/13
By: Bill Buechner
Democrats in Congress are making a strong push to pass the Employment Non-Discrimination Act (“ENDA”), which would prohibit employment discrimination on the basis of sexual orientation and gender identity. ENDA was introduced in the Senate as S.815 …
Third Circuit Requires Warrant for GPS Tracking by Law Enforcement
11/4/13
By: Brian Dempsey
Last year, the Supreme Court addressed the increasingly common use of GPS tracking devices by law enforcement agencies. By covertly attaching a GPS device to a suspect’s vehicle, officers can continually monitor the suspect’s movements. In United …
DOJ Publishes New Affirmative Action Regulations for Federal Contractors and Subcontractors
11/1/13
By: Frank Hupfl
Federal contractors will soon face increased affirmative action requirements in the recruitment, hiring, promotion, and retention of covered veterans and disabled persons. On September 24, 2013, the U.S. Department of Labor (“DOL”) published two final rules expanding …
Drawing the Battle Lines: Federal Court Permits Department of Justice to Intervene in Texas Voting Case
9/27/13
By: Peter Munk
As discussed here, the Department of Justice has signaled an effort to use Section 3 of the Voting Rights Act to “bail-in” jurisdictions that previously required “preclearance” pursuant to the VRA’s now-defunct Section 4. This week, …
How Far Is Too Far When It Comes To Invasive Searches Of The Body?
9/4/13
By: Ali Sabzevari
A man in Tennessee was arrested for possession of 0.06 grams of marijuana. In custody, police suspected the man of concealing contraband inside of his body due to his constant fidgeting and attempts “to put his hands …
Employer Compliance Alert: Gov't Data Sharing Highlights Need for Proactive Measures
8/22/13
By: Kelly Eisenlohr-Moul
As every employer knows all too well, there are a litany of governmental agencies which may come calling in the event of alleged employment violations, including: the Department of Labor (DOL), Immigration and Customs Enforcement (ICE), the …
“NOT SO FAST”: THE GOVERNMENT PURSUES PRECLEARANCE BY OTHER MEANS IN THE WAKE OF SHELBY COUNTY V. HOLDER
8/15/13
By: Peter Munk
In Shelby County v. Holder, the Supreme Court struck down as unconstitutional the preclearance formula found in Section 4 of the Voting Rights Act. Since 1965, Section 4 had dictated which states or jurisdictions were “covered” …
Get In Focus: Law Enforcement Departments Should Strongly Consider Body Cameras
8/9/13
By: Ali Sabzevari
For quite some time now, law enforcement departments have used dash-mounted cameras in patrol cars, and for the most part, they have been effective in preserving the events leading up to and during an arrest. Several law …