Public Safety

CSG Midwest
A new law in Nebraska will help victims of sex trafficking clear their records of prostitution or other offenses that were a direct result of their being trafficked. The new statute applies to both convictions (crimes committed by adults) and adjudications (offenses committed by minors).

In Byrd v. United States the Supreme Court held unanimously that the driver of a rental car generally has a reasonable expectation of privacy in the rental car even if he or she isn’t listed as an authorized driver on the rental agreement.   

A state trooper pulled Terrance Byrd over for a possible traffic infraction. Byrd’s name was not on the rental agreement. He told the officer a friend had rented it. Officers searched the car and found 49 bricks of cocaine and body armor.

While the Fourth Amendment prohibits warrantless searches, generally probable cause a crime has been committed is enough to search a car. To claim a violation of Fourth Amendment rights a defendant must have a “legitimate expectation of privacy in the premises” searched.  

Russell Bucklew was sentence to death for murder, kidnapping, and rape. He suffers from cavernous hemangioma, which causes clumps of weak, malformed blood vessels and tumors to grow in his face, head, neck, and throat.

Missouri intended to execute him by lethal injection. But he claims that killing him by gas, still on the books in Missouri but not used since 1965, would substantially reduce his risk of pain and suffering given his cavernous hemangioma. The Eighth Circuit rejected his request.

The Supreme Court has agreed to decide four issues in Bucklew v. Precythe. Until merits briefs are filed and oral argument is held in the fall it difficult to know what the Supreme Court will focus on. For now, the Eighth Circuit opinion provides the best clues.

CSG Midwest
Most states in the region have statutes addressing school safety or emergency preparedness — some more prescriptive than others. Illinois, Indiana, Minnesota, Ohio and Wisconsin, for example, require schools or school districts to have a comprehensive school safety or emergency plan.

In July 2017 the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago sued Attorney General Jeff Sessions arguing he lacks the statutory authority to impose these conditions.

In September 2017 an Illinois federal district court granted Chicago’s request for a nationwide preliminary injunction temporarily disallowing DOJ from imposing the two new requirements. Last week, the Seventh Circuit affirmed the lower court’s decision.     

The Supreme Court issues a few summary reversals a term where it overturns a lower court decision without briefing or oral argument. Few summary reversals receive much attention because they are “usually reserved . . . for situations in which the law is settled and stable, the facts are not in dispute, and the decision below is clearly in error.” While the majority of the Supreme Court sees Kisela v. Hughes this way, Justice Sotomayor disagreed in a headline-grabbing dissenting opinion describing this case as allowing police officers to “shoot first and think later.”   

Officers arrived at Amy Hughes’s house after being told a woman was hacking a tree with a kitchen knife. Officers saw Hughes emerge from her house carrying a large kitchen knife at her side. Hughes stopped no more than six feet away from her roommate, Sharon Chadwick. After officers told Hughes twice to drop the knife and she did not comply, Officer Kisela shot her four times.

On Thursday, March 22, 2018, Atlanta’s municipal computer systems fell victim to a ransomware attack. As a result, the city began executing a large proportion of its business on paper, or not at all, and postponing court dates. With customer and employee data potentially compromised, the municipal government encouraged anyone who had ever done business with the city to take precautions such as checking their bank accounts and credit reports. The ransom was approximately $51,000.

Ransomware is a form of malware that blocks...

One of the questions the Supreme Court may decide in Trump v. Hawaii is whether lower federal courts have the authority to provide injunctive relief that benefits non-parties as well as the party asking for relief. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of lower federal courts authority to issue injunctive relief that benefits non-parties.

In this case Hawaii, the Muslim Association of Hawaii, and three individuals sued President Trump claiming the third travel ban, which indefinitely prevents immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen, was illegal and unconstitutional.

CSG Midwest

Since 2015, a big change has occurred in how South Dakota handles young people in its juvenile justice system. “Some of these kids didn’t need to go to a juvenile detention center,” Rep. Julie Bartling says about the thinking behind the legislation passed that year (SB 73). “They just needed a little more support.”

Three years later, the state is starting to see results from this shift.
According to Kristi Bunkers, director of juvenile services for the Department of Corrections, the greatest advance has been the statewide expansion of three evidence-based programs that allow young people to receive treatment in the community rather than being detained at a residential facility or correctional center. For example, through a three- to five-month-long intervention program known as Functional Family Therapy, a young person and his or her family work through family conflicts while addressing problems of drug abuse or a range of antisocial behaviors. Of the South Dakota families who completed the program last year, 92 percent demonstrated positive behavioral change.
Like South Dakota, many states have been re-examining and, in some cases, overhauling their juvenile justice systems in recent years.

Most of the Trump administration’s disagreements over protecting undocumented immigrants have been with local governments. But on March 6 the Trump administration filed a complaint against the State of California. The administration claims three California statutes aimed at protecting undocumented immigrants are preempted by federal immigration law. The administration asks the court to issue a preliminary injunction disallowing California from enforcing the statutes.

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