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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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Articlesby David GriffithMarch 2, 2021

Editorial: Attacking Qualified Immunity

Activists have launched a political and legislative campaign to make it even easier to sue you.

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Newsby Staff WriterFebruary 25, 2021

L.A. County DA Gascón Hires Cop Hating Public Defender as High-Ranking Prosecutor

The Los Angeles Police Protective League issued a statement on the hiring that reads in part: "Once again, Gascón is thumbing his nose at crime victims by hiring someone who wants to abolish prisons, defund public safety, and who has expressed outright hatred toward police officers. ...do we really need criminal defense attorneys on both sides of the aisle?"

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Newsby Staff WriterFebruary 16, 2021

Family of Slain Washington Deputy Sues County, Claims Lack of Backup

“Pierce County knowingly put Deputy McCartney in the untenable position of responding without any immediate back-up,” part of the lawsuit said. “But for Pierce County’s failure to properly staff and train its deputies, Daniel McCartney would likely still be alive.”

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Newsby Staff WriterFebruary 16, 2021

Maryland Bill Would End Qualified Immunity for Officers

The bill also raises the cap for damages paid to victims and allows jurisdictions to revoke an officer's pension.

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Newsby Staff WriterFebruary 3, 2021

Measure to Repeal Qualified Immunity Defeated in VA General Assembly

The legislation, which would have prohibited an officer from using sovereign or qualified immunity as a defense in court, was set aside to be studied by the Virginia Crime Commission.

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Newsby Staff WriterJanuary 29, 2021

Case Against Former Atlanta Officer Over Rayshard Brooks Shooting Transferred to Attorney General by New DA

In a letter sent Wednesday to Georgia Attorney General Chris Carr, newly elected Fulton County District Attorney Fani Willis cited the conduct of former DA Paul Howard in her request to have the case transferred.

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Newsby Staff WriterJanuary 27, 2021

Ice Cream Makers Launch Campaign to Make It Easier to Sue Police

“We are now united in a coalition that is resolved to end this get-out-of-jail free card for bad cops,” Ben Cohen told reporters during the briefing. “It is now time to shift from protest to policy.”

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Newsby Staff WriterJanuary 25, 2021

Judge: Baltimore PD Has All the Elements Necessary to Succeed Under Consent Decree

Well-meaning officers need to be trained that the ‘warrior model’ of policing does not fly in Baltimore; that the city is not made safer by a perception in the community that officers are fearsome and predisposed to use force to solve problems,” U.S. District Judge James Bredar said in a statement.

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Newsby Staff WriterJanuary 22, 2021

CA Attorney General Launches Civil Rights Investigation of LASD

Under the California Constitution and California Civil Code section 52.3, the AG is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law.

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Newsby Staff WriterJanuary 13, 2021

Illinois Legislature Passes Bill Mandating Body Cameras for All Officers

A state senate version of the bill would have removed qualified immunity for individual police officers, potentially exposing them to civil lawsuits. This provision was eliminated from the house version of the bill.

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