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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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Newsby Staff WriterAugust 24, 2022

ACLU Sues Arizona Over 8-Foot Restriction on Filming Police

The law states that people cannot record the law enforcement activity if they know or reasonably should know that the activity is occurring. They are also are prohibited from recording if an officer has warned them about capturing the incident within 8 feet.

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Articlesby Eric DaigleAugust 17, 2022

Point of Law: Reasonable Force and De-Escalation

A Texas officer was sued after he shot and killed a man who fled a traffic stop with the officer clinging to the Vehicle. Was he entitled to qualified immunity?

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Newsby Staff WriterAugust 4, 2022

4 Current and Former Officers Face Federal Charges Over Breonna Taylor Raid

Former Louisville Metro Police detective Joshua Jaynes, 40, who was fired for lying on the search warrant that led to the deadly 2020 raid at Taylor's apartment, was taken into custody Thursday morning by the FBI

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Newsby Staff WriterJuly 26, 2022

MA Agency Released from 1972 Consent Decree

According to Springfield Police, the Massachusetts’s Attorney General’s Office informed Springfield Police Superintendent Cheryl Clapprood Monday that a judge removed the Springfield Police Department from the 1972 Castro v. Beecher Federal Consent Decree.

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Newsby Staff WriterJuly 15, 2022

Murder Charge Against Former NM Officer Accused of Using Chokehold Dismissed

The charge against Christopher Smelser, 29, was dropped by Judge Douglas Driggers via a directed verdict after half an hour of arguments.

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Articlesby Eric DaigleJuly 6, 2022

Point of Law: Responding to First Amendment Audits

In most cases, people have a right to video officers on duty. Agencies must be prepared to deal with these “auditors” in a constitutionally sound manner.

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Newsby Staff WriterJune 30, 2022

Justice Department Investigating NYPD’s Special Victims Division

DOJ said in a press release the investigation will include a comprehensive review of the policies, procedures and training for SVD investigations of sexual assault crimes, including how SVD interacts with survivors and witnesses, collects evidence and completes investigations...

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Newsby Staff WriterJune 24, 2022

Supreme Court Rules Officers Can’t be Sued for Miranda Violations

Justice Samuel Alito wrote in his majority opinion that “a violation of Miranda is not itself a violation of the Fifth Amendment” and “we see no justification for expanding Miranda to confer a right to sue” under the federal law known as Section 1983.

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Newsby Staff WriterJune 16, 2022

National Police Association Sues CBP Over Agents Accused of “Whipping” Migrants

The NPA filed the lawsuit after DHS and CBP State failed to reply to a February 22, 2022, FOIA request.

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Articlesby Eric DaigleJune 15, 2022

Point of Law: First Amendment Audits and The Law

Every law enforcement officer needs to know what the courts have said about the public’s right to video you performing your duties.

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