Public Safety

States and local governments who have sued the Trump administration over the sanctuary jurisdictions executive order, the adding of conditions to receive Edward Byrne Justice Assistance Grants (Byrne JAG), and providing documentation to prove they comply with 8 U.S.C. 1373 have won all their major claims except one as of June 5.

On June 6 in City of Philadelphia v. Sessions a federal district court became the first to rule that Section 1373 is unconstitutional. This statute prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

Ranju Das of Amazon recently unveiled a new facial recognition service called Rekognition at a developer conference in Seoul, South Korea. This service is being launched in part with the Orlando, Florida’s police department. This software is capable of live facial recognition and movement tracking using the municipality’s surveillance cameras located around the city. According to a statement from the Orlando Police Department, they are not using the technology in an investigative capacity and in accordance with current and applicable laws.

Collins v. Virginia is like a tricky logic problem. Police need a warrant to search the curtilage of a home but not to search a vehicle. So is a warrant needed to search a vehicle located on the curtilage of a home? Yes holds the Supreme Court.

More technically, in an 8-1 decision the Supreme Court held that the Fourth Amendment automobile exception does not permit police officers to search vehicles parked in the curtilage of a home without a warrant.  

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...

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