The Questions That “Presence” Presents
2/28/14
By: Katie Dod
The Supreme Court recently further defined when law enforcement may enter a home pursuant to the consent of one resident of the home without violating the constitutional rights of other residents. It has long been established that …
Blowing The Whistle: Georgia's Whistleblower Act Waives A County's Entitlement To Sovereign Immunity
2/6/14
By: Ali Sabzevari
The doctrine of sovereign immunity set forth in the Georgia Constitution is often asserted as a defense to state law claims against counties. But in certain circumstances, an Act of the General Assembly can operate to waive …
See Something? Say Something! Just Make Sure It’s Not Materially False.
2/5/14
By: William Ezzell
Last Tuesday, in Air Wisconsin v. Hoeper, No. 12-315, 2014 WL 27329, at *1 (U.S. Jan. 27, 2014), the U.S. Supreme Court issued an important ruling concerning the scope of immunity granted to airlines. That immunity is …
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 …
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 …
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 …
