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

Tomorrow on FEDtalk: Rep. Gerry Connolly Talks Federal Workforce Issues

Tune in to FEDtalk on Federal News Radio tomorrow morning at 11:00 AM as host Debra Roth speaks to Congressman Gerry Connolly (D-VA), five-term representative from Virginia’s 11th District and Ranking Member of the House Subcommittee on Government Operations. Connolly will chime in on the federal workforce matters currently before Congress, including ongoing uncertainty about whether federal employees will receive a pay raise for 2019. Roth will also be joined in-studio by Federal Times Senior Reporter Jessie Bur and Jenny Mattingley, a federal sector management consultant who was formerly Director of the White House Leadership Development Program and Executive Director of the Performance Improvement Council.

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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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