by Mark Wilson
The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that could justify the warrantless home entry.
At 10:15 p.m., on October 11, 2011, police were dispatched to a single-vehicle crash near ...
by Mark Wilson
The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce rule.
In October 2012, Boardman Police officers supervised two “controlled buys” by an informant, who purchased heroin from Harsimran Singh. Based ...
by Mark Wilson
The United States Court of Appeals for the Second Circuit reversed a lower court’s denial of qualified immunity to police for arresting a man for stopping on the sidewalk to speak with Occupy Wall Street protestors.
On September 17, 2013, protestors gathered in New York City’s Zuccotti ...
by Mark Wilson
The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's anti-strategic lawsuit against public participation (anti-SLAPP) law.
A California company posts ...
The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be held at six month intervals when detention exceeds twelve months. Finally, alternatives ...
by Mark Wilson
The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence.
In 1963, the United States Supreme Court held in Brady v. Maryland, 373 U.S. 83 (1963) that ...
by Mark Wilson
The United States Court of Appeals for the District of Columbia (D.C.) Circuit reversed a lower court’s refusal to grant attorney’s fees in a whistleblower action.
Elissa Rumsey works for the United States Department of Justice (DOJ), as a compliance monitoring coordinator for the Office of Juvenile ...