case law update - FEDagent - News for federal agents and 1811’s

CBP Seizure of Securities Fraud Evidence in Border Search was Constitutional

case law update

The United States Government investigated Mr. David Levy for his role in a stock manipulation scheme.  Mr. Levy was aware that he faced potential criminal charges; his wife had been indicted in a related matter nearly a year earlier, and his attorney held a telephone conversation with federal prosecutors to discuss potential charges against Mr. Levy.

Court of Federal Claims Cannot Overturn a Criminal Conviction

case law update

To the extent a plaintiff attempts to use a suit to challenge his criminal conviction in the Court of Federal Claims, that court lacks jurisdiction to hear it, the U.S. Court of Appeals for the Federal Circuit recently held.

D.C. Circuit: Knock-and-Announce Violations

case law update

Special Agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating Mr. Michael Weaver in 2008. Agents searched through trash outside his home and found marijuana.

Exigency for Warrantless Cell Phone Pinging Created by Threat to Officers

case law update

Warrantless pinging of defendant’s cell phone was reasonable where government proved good faith belief immediate apprehension was necessary after defendant was dangerous and linked to a body of person the government had approached to be an informant, says Second Circuit.

Fifth Circuit: Search Based on Dog Sniff of a Garage “Close Enough” for the Good Faith

case law update

Last week, the Fifth Circuit determined that the good faith exception applied to prevent the suppression of evidence obtained after officers used a canine to sniff the perimeter of a garage. The court found unpublished and inconclusive case law sufficient to demonstrate that a dog sniff of a garage is “close enough to the line of validity.”

This Week on FEDtalk

An Inside Look at Whistleblowing

Tune in to FEDtalk this Friday for a fascinating look into the federal whistleblowing process.  Joining host Debra Roth will be the founders of Whistleblower Aid, John Tye and Mark Zaid. 

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Hear it from FLEOA

An Update on the OPM Cyber Breach

In the wake of the most recent data breach of Equifax, FLEOA has provided an update on the June 2015 Office of Personnel Management (OPM) data breach to include claims, lawsuits and legislation.

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