Fourth Amendment - FEDagent - News for federal agents and 1811’s

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 The court found unpublished and inconclusive case law sufficient to demonstrate that a dog sniff of a garage is “close enough to the line of validity.”

Hernandez v. Mesa Heard by Supreme Court

case law update

Recently, the Supreme Court heard oral argument in Hernandez v. Mesa to address issues arising out of the actions of U.S. Border Patrol agent Jesus Mesa when he fired a shot from United States soil that killed 15-year old Mexican boy Sergio Hernandez on Mexican soil.  

Pepper Spraying Violent Detainee in Patrol Car Not Excessive Force

case law update

Twice pepper-spraying a detainee in the back of a patrol car did not violate the detainee’s Fourth Amendment rights, where the detainee was violently kicking the car door and resisting arrest, the Eleventh Circuit recently held in a § 1983 matter.  

Unlawful Pre-Trial Detention Claims Governed by Fourth Amendment

case law update

The Fourth Amendment governs a claim for unlawful pre-trial detention even beyond the start of legal process, the Supreme Court recently held in an opinion allowing a Section 1983 action to proceed against officers on grounds including the plaintiff’s pre-trial detention based on falsified evidence.

This Week on FEDtalk

Two Opportunities for You

Tune in to the next episode of FEDtalk on Friday, November 30th, 2018, to hear the latest from Shane Canfield, CEO of WAEPA, who will be discussing the company’s new offerings, and what federal employees should be thinking about, with Open Season in full swing. Also on the program will be Senior Executives Association President Bill Valdez discussing the upcoming 2018 Presidential Rank Awards Leadership Summit, to be held on December 13, 2018.

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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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