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

Sorting Through Cybersecurity

Tune in to FEDtalk this week for a discussion on the importance of cybersecurity within the federal government. As the federal government becomes increasingly digital, it also becomes increasingly at risk for cyberattacks. Experts in the cybersecurity community will discuss what these threats look like and how the federal workforce can prepare for them.

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Hear it from FLEOA

FLEOA Encourages Passage of EAGLES Act Following Wave of Mass Public Violence

Nathan Catura, President of the Federal Law Enforcement Officers Association (FLEOA), the nation’s largest non-partisan, not-for-profit professional association representing more than 27,000 federal law enforcement officers and agents across 65 federal agencies, today issued the following statement in support of the EAGLES Act.

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