A “cadre of armed state and federal agents” and a helicopter “orbiting above” was insufficient to establish involuntary coercion of a defendant’s consent to his home, according to the Fifth Circuit.
michael s causey - FEDagent - News for federal agents and 1811’s
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.
Where an officer was indisputably engaged in an ongoing criminal investigation when a warrantless search occurred, the community caretaking exception to the Fourth Amendment did not apply, the First Circuit recently held.
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.
Court orders for collection of DNA evidence from police officers for the sole purpose of excluding those officers as sources of DNA found at a crime scene is constitutionally permissible, according to the Ninth Circuit.
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.
Federal Employees May Not Be Sued for Violating Constitutional Rights In Antiterrorism Operations Abroad, DC Circuit Rules
Mr. Amir Meshal a United States citizen and resident of New Jersey, traveled to Mogadishu, Somalia in 2006 to further his study of Islam. In early 2007, Somalia experienced an outbreak of violence causing many civilians to flee the country for neighboring Kenya.
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, the Justice Department argued this week before the U.S. Court of Appeals for the Second Circuit, sitting en banc.
Although Naval Criminal Investigative Service Special Agents are civilians, they work for the military and further military goals. Thus, they are prohibited from enforcing purely civilian laws under the Posse Comitatus Act, according to an en banc panel of the United States Court of Appeals for the Ninth Circuit, and should not have investigated a civilian for downloading child pornography.
On September 4, 2005, following Hurricane Katrina, New Orleans police officers were dispatched to the Danziger Bridge. In the chaotic atmosphere, two unarmed men were shot and killed.
Ninth Circuit: Sexual Assaults by Federal Detainees are Federal Crimes Even If Occurring in a Non-Federal Facility
On March 5, 2009, Mr. Sabil Mumin Mujahid was arrested in Anchorage, Alaska, on Federal firearms charges, specifically for being a felon in possession of a firearm. A firearm was discovered in his vehicle when he appeared at a local courthouse for a bail hearing on a state drug charge.
Suppression of evidence in a state court does not, by itself, raise a factual issue about whether law enforcement officers violated the defendant’s clearly established rights, the Fifth Circuit recently held.
An anti-subrogation regulation in Kansas preventing insurers from issuing policies containing subrogation clauses came into conflict with the Federal Employees Health Benefit Act (“FEHBA”), but the Tenth Circuit Court of Appeals ruled that federal common law preempted the Kansas regulation.
The government may not conduct the equivalent of a Terry stop inside a person’s home without exigent circumstances, the Eleventh Circuit held this week.