Brian Berry was a barber who had owned and operated Strictly Skillz barber shop since 2007, when he purchased the business from another individual. Edwyn Durant, Reginald Trammon, and Jermario Anderson were barbers who rented barbering chairs at Strictly Skillz for a weekly rental fee. During the relevant time frame, all four individuals possessed a valid Florida barber’s license. Under Florida state law, the Florida Department of Business and Professional Regulation (“DBPR”) is authorized to conduct inspections of barbershops to ensure compliance with state licensing and sanitation standards once every two years. However, DBPR lacks law enforcement authority, and must rely on law enforcement officers to address any violations of state laws which it discovers.
The Whistleblower Protection Enhancement Act of 2012 granted the Office of Special Counsel (“OSC”) the authority to file an amicus curiae (“friend of the court”) brief with the Supreme Court in whistleblower cases. On September 29, 2014, OSC filed its first such brief, supporting a former Department of Homeland Security (“DHS”) air marshal in a case concerning the employee’s disclosure that the Federal Air Marshal Service (“FAMS”) was stopping its coverage of long-distance flights despite an increase in intelligence warnings concerning terrorists targeting those flights.
According to OSC, the key issue in Department of Homeland Security v. Robert MacLean (scheduled for oral argument before the Court on November 4, 2014) is “whether [the employee’s] disclosure of sensitive security information (SSI), a form of controlled unclassified information, constituted a whistleblower disclosure specifically prohibited by law for purposes of 5 U.S.C. § 2302(b)(8)(A).”
Third Circuit: Officers Who Observed Firearms Violation Could Enter House and Search for Suspect as Part of a Hot Pursuit; After Finding the Suspect Unarmed, Officers Could Not Continue Warrantless Search for the Firearm
At 2:33 a.m. on January 15, 2012, Officers Richard Hough and William Lynch, Jr. of the Philadelphia Police Department received a dispatch reporting that a group of men was congregated on Old York Road and one of them, a black male wearing a brown leather jacket over a black hooded sweatshirt, was carrying a gun. The officers arrived on scene approximately five minutes later and noticed an individual, Mr. Kamaal Mallory, matching the description from the dispatch. After a brief period of observation, Mr. Mallory approached the officers to speak with them. As he did, the officers were able to see part of a revolver protruding from Mr. Mallory’s waistband. Officer Hough shouted “gun!” Mr. Mallory, an emergency medical technician visiting with his stepmother and stepsiblings for the weekend with his daughters accompanying him, fled into the home of his stepmother, Ms. Delaine Abu Bakr. The officers pursued on foot.
Officer’s Inability To Determine Whether The Paper Affixed To The Defendant’s Window Of His Vehicle Was A Valid Temporary Registration Card Constituted Reasonable Suspicion For Traffic Stop
The U.S. Court of Appeals for the Eighth Circuit decided the two issues of: (1) whether a police officer had reasonable suspicion to conduct a traffic stop because he could not determine whether the paper in the rear window of the defendant’s vehicle was in fact a valid temporary paper registration card, and (2) whether a dog sniff around the exterior of the defendant’s apartment door violated the Fourth Amendment.
This case involves defendant’s motion to suppress evidence obtained during: (1) a traffic stop of his vehicle on October 7, 2010, and (2) a search of his apartment on December 21, 2010.
Tenth Circuit: When Drug-Sniffing Dogs Alerted on a Suspect’s Bag, but no Contraband was Found Inside, Officers Could Still Search an Abandoned Bag They Believed Previously Belonged to the Suspect
On the morning of June 7, 2011, Utah Highway Patrol Sergeant Steve Salas and Emery County Deputy Sheriff Blake Gardner were conducting drug interdiction work in Green River, Utah. The officers were aided by two drug sniffing Belgian Shepherd Dogs named Duke and Niko. Duke, who worked with Sgt. Salas, and Niko, who worked with Deputy Gardner, were trained to detect methamphetamine and other drugs.
- Fifth Circuit: Driver's Consent to Search Trunk Did Not Include Consent for Police to Search the Passenger's Luggage in the Driver's Trunk
- Exigent Circumstances Existed Where a Known Felon Appeared to Have a Firearm and Neighbors Had Previously Reported Gun Shots
- MSPB Refuses to Defer to EEOC, Reaffirms Prior Board Decision
- Fifth Circuit: Firing Assault Rifle Directly Into Truck During Deadly High Speed Chase Did Not Violate Constitution And Sheriff Entitled To Qualified Immunity