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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 WriterApril 10, 2018

Jury Awards Family $100,000 in Civil Trial of NC Officer Who Fatally Shot Man

A jury awarded a family $100,000 Tuesday in the case of a Charlotte-Mecklenburg, NC, police officer who fatally shot a man five years ago. The family had asked for $1.1 million.

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Newsby Staff WriterApril 9, 2018

Federal Judge's Ruling Upholds Massachusetts' "Assault Weapon" Ban

U.S. District Judge William Young dismissed a lawsuit challenging the 20-year-old ban, saying assault weapons are military firearms that fall beyond the reach of the constitutional right to “bear arms.”

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Newsby Staff WriterApril 9, 2018

Judge Allows Suit Over Pointing Guns at Man to Proceed Against CA Officers

U.S. District Judge Larry Burns ruled that a jury should decide whether officers were guilty of unreasonable seizure and excessive force on Sept. 9, 2014, when they trained their guns on Demetrice Sightler after he walked onto his balcony.

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Newsby Staff WriterApril 5, 2018

Last Suit Accusing NYPD of Spying on Muslims Is Settled

The last of three major lawsuits over the surveillance of Muslims by the New York Police Department was settled on Thursday, ending years of litigation over a broad, decade-long spying program.

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Articlesby Melanie BasichApril 4, 2018

Less-Lethal Options

These tools provide officers more flexibility in how to respond to non-deadly threats.

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Newsby Staff WriterApril 3, 2018

No Charges for NC Officers Who Fatally Shot Man in 'Ambush' Outside Police HQ

Two CMPD officers and two probation officers returned fire when Jonathan Bennett, 23, pulled into the parking lot just before 11 p.m. on Jan. 11 and began shooting, Merriweather's report states.

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Newsby Staff WriterApril 2, 2018

Supreme Court Rules for Officer in Excessive Force Case

The Supreme Court reversed that ruling, saying that Officer Kisela was entitled to qualified immunity, a doctrine that shields officials from suits over violations of constitutional rights that were not clearly established at the time of the conduct in question.

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Newsby Staff WriterMarch 30, 2018

Clark Family Plans to Sue Over Fatal Police Shooting

The family also announced Friday the results of an autopsy performed by a specialist they hired. Clark was hit eight times out of the 20 shots reportedly fired, the independent expert reported, according to the Los Angeles Times.

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Newsby Staff WriterMarch 28, 2018

Orange County Votes to Join Feds to Oppose California's 'Sanctuary' Law

The Orange County Board of Supervisors voted Tuesday in a closed-door session to join the federal government in a lawsuit against California over the state "sanctuary" law that went into effect in January.

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Newsby Staff WriterMarch 28, 2018

Jury Awards Massachusetts Officer Over $2 Million in Discrimination Lawsuit

A Suffolk County, MA, jury has awarded more than $2 million to a veteran female police officer in Winthrop, finding that the town sexually discriminated and retaliated against her, according to court records.

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