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Point of Law

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Articles

Point of Law: The Limits of Electronic Searches

Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”

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NewsJune 28, 2023

TX Grand Jury Clears Officer who Killed Mall Shooter

A Collin County grand jury declined to indict the Allen police officer. Allen police said in a news release Wednesday the decision “indicates that the use of force was justified under Texas law.”

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NewsJune 27, 2023

Federal Court Rules Officer Injured in Protest can Sue Activist

The July 2016 protest took place outside the Baton Rouge Police Department in the aftermath of the killing of Alton Sterling. The plaintiff officer was injured during the demonstration when he was struck by a rock or a similar object.

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NewsJune 16, 2023

Minneapolis PD Faces Federal Consent Decree as DOJ Investigation Finds Civil Rights Violations

“The patterns and practices of conduct the Justice Department observed...erode the community’s trust in law enforcement. And they made what happened to George Floyd possible," Garland said.

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Articlesby Eric DaigleJune 13, 2023

Point of Law: Fleeing Drivers and Use of Force

The Sixth Circuit Court of Appeals recently ruled on whether officers can use deadly force to stop a suspect from driving away in some circumstances.

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NewsJune 12, 2023

Federal Court Rules Philly Officers Fired Over Social Media Posts can Sue Department Under First Amendment

The suit stemmed from a scandal that erupted in 2019, when a website dubbed the Plain View Project published a database of offensive social media posts made by police officers in several cities, including Philadelphia.

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NewsJune 2, 2023

Slain Officer’s Family Sues Parents of Accused Killer

"The killer is charged with murder, but filing this lawsuit also brings other culpable individuals or people that we believe have involvement in the killing of Christopher," Fitzgerald family attorney, Joseph Marrone, explained.

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NewsMay 5, 2023

Family of Slain CA Officer Sues DA for Wrongful Death

Gascón’s “ill-advised policies” and a probation officer’s inaction played a major role in the deaths of Santana and played a major role in the deaths of Santana and Paredes, David Ring, an attorney for Santana’s family, said Thursday.

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ArticlesApril 13, 2023

Point of Law: "Kettling" and Keeping the Peace

A recent Eight Circuit case is instructive for law enforcement agencies planning response to protests and demonstrations.

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NewsApril 11, 2023

NY Troopers Accused of Roughing Up Pregnant Woman Causing Miscarriage, Video Shows Evidence to Contrary

Quashaia Oranchak, who was six and a half months pregnant, accused the agency of “bodyslamming her on the hood” of the cruiser during a March 20 traffic stop arrest in Binghamton — just hours before she rushed into an emergency C-section and delivered a d

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NewsApril 4, 2023

Appeals Court Denies Immunity to Charlotte Officer Sued Over Fatal Shooting

In a unanimous reversal Tuesday, three judges from the U.S. Fourth Circuit Court of Appeals overturned a lower court decision last year that granted immunity to Wende Kerl, the Charlotte-Mecklenburg officer who fatally shot Franklin.

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