First Circuit: No Need to Correctly Label Legal Theory for OSC Exhaustion

An ICE Supervisory Special Agent delivered a document to a colleague at the direction of his supervisor, the Assistant Special Agent in Charge. The colleague (a Special Agent) later used the document in support of his own whistleblower case against the Agency. After the Agency learned of the Supervisory Special Agent’s involvement in his colleague’s appeal, he was not selected for promotion, and received a lower-than-normal performance appraisal. He then filed a complaint with the Office of Special Counsel, alleging that the agency retaliated against him for providing information to his colleague that was later used in his colleague’s appeal.

Posted in Case Law Update

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Fifth Circuit: Duration of Immigration Stop, Not the Questions Asked by Agents, Determines Its Constitutionality

On May 26, 2017, Miguel Angel Vega-Torres was a passenger on a commercial bus that stopped at a border patrol checkpoint in Falfurrias, Texas. Border Patrol Agent David Gonzalez conducted an inspection of the bus at the checkpoint. During that inspection, Agent Gonzalez asked Vega-Torres for his citizenship documentation. Vega-Torres handed Agent Gonzalez his Legal Permanent Resident (“LPR”) card. Agent Gonzalez had a difficult time matching Vega-Torres’s face with the LPR card photo because Vega-Torres was occupied on his cell phone and made brief eye contact with Agent Gonzalez.

Posted in Case Law Update

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Supreme Court Holds that Warrantless Blood Tests of Unconscious Drivers Are ‘Almost Always’ Authorized under the Fourth Amendment

Earlier this year, FEDagent reported on oral argument heard before the Supreme Court in Mitchell v. Wisconsin, a case that asks whether a state statute permitting a warrantless blood draw of an unconscious driver is authorized under the Fourth Amendment. Recently, the Supreme Court issued its decision on that case, and held that when a driver is unconscious and cannot be given a breath test, the exigent circumstances doctrine permits a blood test without a warrant.

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This Week on FEDtalk

Fellows Moving Government Forward

Tune in to FEDtalk this week to hear about the fellowships bringing innovation and technology skills to government. Guests from fellowships impacting the legislative and executive branches will discuss how they bring new skills to government.

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Hear it from FLEOA

FLEOA Successfully Advocates for Change to Michigan LEOSA Policy

On Tuesday, FLEOA President Larry Cosme issued a letter on Michigan LEOSA policy.  The full text of the statement is below.

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