james p. garay heelan - 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.

Not All Grounds for a Warrant Must be Valid

case law update

Only one ground of an affidavit in support of a search warrant needs to be supported by probable cause for a district court to deny a Franks hearing request, the Eighth Circuit recently held.

 

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.  

Second Circuit: No Fourth Amendment Resolution in Ganias

case law update

In October 2015, we informed you the U.S. Court of Appeals for the Second Circuit had granted en banc review of Fourth Amendment issues in United States v. Ganias, regarding whether the government may retain computer evidence obtained outside the scope of an original, probable-cause search warrant and prosecute people for crimes based on that evidence.

This Week on FEDtalk

Tax Season Special

It's that time of year again--tax season.  Tune in to FEDtalk this Friday at 11 am ET for a discussion on the most important things for federal employees and members of the public to know when filing their taxes.

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Hear it from FLEOA

FLEOA Files Law Suit Against OPM

 FLEOA files suit against OPM for reinterpretation of FERS statute .  Read the full statement below:

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