Public Safety

The Fifth Amendment’s Double Jeopardy Clause, which prohibits a person from being prosecuted more than once for the same conduct, is a familiar concept. Less familiar is the “separate sovereigns” exception which allows states and the federal government to convict and sentence a person for the same conduct. In Gamble v. United States, Terance Gamble asks the Supreme Court to overrule this exception.

Gamble was prosecuted for and convicted of possession of a firearm by a convicted felon under both Alabama and United States law. His challenge to the “separate sovereigns” exception is unsurprising given that Justice Thomas joined Justice Ginsburg’s concurring opinion in Puerto Rico v. Sanchez-Valle (2016), which suggested the Court do a “fresh examination” of the “separate sovereigns” exception. These Justices are on opposite ends of the ideological spectrum and typically don’t vote together in close cases. 

The Supreme Court decides numerous difficult cases each term. It may be surprising that no issue has vexed the Court like whether probable cause to arrest someone means they can’t bring a First Amendment retaliation case. In Nieves v. Bartlett the State and Local Legal Center (SLLC) argues in an amicus brief (for the third time) that probable cause defeats First Amendment retaliation claims.   

Russell Bartlett was attending Arctic Man, an Alaskan snowmobile race, when he declined to talk to Police officer Luis Nieves who was patrolling the large outdoor party. Officer Nieves later observed Bartlett yelling at a separate officer, Bryce Weight, and Weight pushing Bartlett away. Believing Bartlett posed a danger to Officer Weight, Officer Nieves arrested Bartlett. Bartlett alleges that Nieves said “bet you wish you had talked to me now” in the process of the arrest.

Bartlett sued Officer Nieves claiming Nieves arrested him in retaliation for his refusal to initially speak to Nieves in violation of the First Amendment. The district concluded there was probable cause to arrest Bartlett. All federal circuit courts to decide this issue except the Ninth Circuit have held that to bring a First Amendment retaliatory arrest case plaintiffs must be able to prove the absence of probable cause to arrest them, which Bartlett could do not in this case.

CSG Midwest
As lawmakers seek to cope with a rising tide of gun violence while preventing accidental firearm-related injuries and deaths, Ohio could become the next Midwestern state to focus on keeping guns out of the hands of kids — that is if a measure currently pending in the state Senate should advance.
In a roundtable discussion during the July meeting of the Midwestern Legislative Conference’s Criminal Justice and Public Safety Committee, Ohio Sen. Vernon Sykes described the proposed Child Gun Safety Act (SB 279), which he and Sen. Charleta Tavares jointly introduced earlier this year.

Numerous academics have complained about the Supreme Court frequently reversing lower court decisions that have denied police officers qualified immunity. In Sause v. Bauer the Court reversed (and remanded) a grant of qualified immunity.

In a unanimous per curiam (unauthored) opinion, the Supreme Court remanded this case back to the lower court to reconsider its decision granting qualified immunity to police officers who ordered a person to stop praying.

In a 5-4 decision in Trump v. Hawaii the Supreme Court ruled in favor of President Trump’s travel ban.

The third travel ban indefinitely prevents immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Hawaii and others sued President Trump claiming the ban was illegal and unconstitutional.

The Court agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the travel ban violates the Establishment Clause because it seeks to exclude Muslims. Fourth, whether the Ninth Circuit nationwide injunction was overbroad.  

In a long-awaited decision in Carpenter v. United States, the Supreme Court held 5-4 that the Fourth Amendment requires the government to receive a warrant to obtain cell-site location information (CSLI).

In the Court’s majority opinion Chief Justice Roberts provides an explanation of how CSLI works. “Cell phones continuously scan their environment looking for the best signal, which generally comes from the closest cell site. Most modern devices, such as smartphones, tap into the wireless network several times a minute whenever their signal is on, even if the owner is not using one of the phone’s features. Each time the phone connects to a cell site, it generates a time-stamped record known as cell-site location information (CSLI).”

Fane Lozman may be the only person to fit within a “unique class of retaliatory arrest claims.” But that is all it took for him to win his (second) Supreme Court case.

In an 8-1 decision in Lozman v. Riviera Beach, the Supreme Court held that a citizen who was arrested for making comments at a city council meeting (possibly because the City had an official policy of retaliating against him) was not barred from bringing a First Amendment retaliatory arrest claim against the City even if it had probable cause to arrest him.

The State and Local Legal Center (SLLC) filed an amicus brief arguing that an arrestee could not bring a First Amendment retaliatory arrest lawsuit if probable cause existed. The Court declined to decide whether as a general rule probable cause bars First Amendment retaliation cases against police officers.    

CSG Midwest
Illinois legislators approved a bill in May that would allow family members or law enforcement officers to take action when an individual with access to a firearm is exhibiting dangerous or threatening behavior. HB 2354, known as a “red flag” law, was awaiting gubernatorial action as of mid-June. It would allow judges to issue a “firearms restraining order” (in effect for six months) if they find clear and convincing evidence that an individual “poses a significant danger of personal injury to himself, herself or another.”

States continue to take significant actions in attempts to lessen barriers to workforce entry caused by occupational licensing. CSG currently facilitates a consortium of 11 states looking at occupational licensing reform as a part of the Occupational Licensing Assessing State Policy and Practice project in partnership with NCSL and NGA, funded by the US Department of Labor. However, the examples below come from states not currently participating in this project’s consortium, signifying that occupational licensing reform is a priority for states nationwide, and not just the 11 states participating in this CSG project.

Cybersecurity has become a central issue for many state officials across the nation. In the past six months, Colorado, Connecticut and North Carolina have all been victims of cybercrime. In today’s world, where so many aspects of daily life depend on data sharing devices that communicate via the internet, state officials are trying to mitigate the damage that can be done by hackers. There is little uniformity among state cybersecurity strategies. However, three states have positioned themselves as...

Pages