CSG Midwest

Hoping to better protect victims of stalking, sexual assault, domestic violence and other crimes, legislators in Iowa and Minnesota adopted new “Safe at Home” laws this year. ...

In City of Los Angeles v. Patel the Supreme Court held 5-4 that a Los Angeles ordinance requiring hotel and motel operators to make their guest registries available to police without at least a subpoena violates the Fourth Amendment. In his dissenting opinion, Justice Scalia cites to the State and Local Legal Center’s (SLLC) amicus brief, which notes that local governments in at least 41 states have adopted similar ordinances. Eight states also have hotel registry statutes:  Indiana, Florida, Massachusetts, Maine, New Hampshire, New Jersey, Wisconsin, and the District of Columbia. 

In a 6-2 decision, the Supreme Court declined to decide one of the most important questions this term for state and local government: whether Title II of the Americans with Disabilities Act (ADA) requires police officers to accommodate suspects who are armed, violent, and mentally ill when bringing them into custody. But the Court held that the officers in City and County of San Francisco v. Sheehan were entitled to qualified immunity.

When police officers entered Teresa Sheehan’s room in a group home for persons with mental illness to take her to a hospital for psychiatric care, she threatened to kill them with a knife she held, so they retreated. Before backup arrived, the officers decided to reenter her room to prevent her from gathering more weapons or escaping. Upon reentry, Sheehan still had the knife in her hand and yelled for them to leave. One officer pepper sprayed Sheehan but she refused to drop the knife. The officers then shot her multiple times but she survived.

Hardly a day goes by without news of a cyberattack on an American business or government agency. The threats all Americans face in the cyber world today have become far more aggressive, the attacks more frequent and the techniques employed far more sophisticated than just five years ago. This advancing threat underscores the need to respond with the tools and authorities necessary to protect the nation’s security and financial resources. President Obama in February signed an executive order, advisory in nature, which urges companies to share cybersecurity threat information with one another and the federal government. The executive order is part of a broader White House effort to strengthen the nation’s cybersecurity infrastructure, which the administration has been pushing on Capitol Hill.

“It’s not a matter of if a [cybersecurity] breach will happen, but when,” said Brenda Decker, Nebraska’s chief information officer. The inevitability of a cybersecurity breach—affecting either a private or public institution—was a common sentiment expressed throughout CSG’s Cybersecurity and Privacy Policy Academy, held May 6-8 in St. Louis. There was consensus from private sector representatives like MasterCard, Walmart, Edison Electric Institute and Facebook to state chief information officers and federal officials: both the frequency of cybersecurity threats and their level of sophistication have and will continue to increase. State leaders need to know what they are facing.

In a 6-3 decision in Rodriguez v. United States the Supreme Court held that a dog sniff conducted after a completed traffic stop violates the Fourth Amendment. 

Officer Struble pulled over Dennys Rodriguez after he veered onto the shoulder of the highway and jerked back on the road. Officer Struble ran a records check on Rodriguez, then questioned his passenger and ran a records check on the passenger and called for backup, and next wrote Rodriguez a warning ticket. Seven or eight minutes passed between Officer Struble issuing the warning, back up arriving, and Officer Struble’s drug-sniffing dog alerting for drugs.  Rodriguez argued that prolonging the completed traffic stop without reasonable suspicion in order to conduct the dog sniff violated the Fourth Amendment.

Beginning in the mid-2000s numerous states adopted “Jessica’s” laws requiring GPS monitoring of certain sex offenders.  These statutes have been challenged on a number of grounds—including that they violate the Fourth Amendment’s prohibition against unreasonable searches.  Eight states, including North Carolina, monitor for life.             

The Supreme Court ruling that GPS monitoring of certain sex offenders is a Fourth Amendment search doesn’t invalidate these statutes.  But if the lower court—and ultimately the Supreme...

CSG Midwest
In April of last year, Wisconsin lawmakers passed a first-in-the-nation bill with new standards on how local law enforcement must handle investigations that involve the death of a civilian by an on-duty police officer.
The legislation, AB 409, didn’t get much national attention at the time. But a few months later, after high-profile incidents involving the death of a 18-year-old in Ferguson, Mo., and the acquittal of a New York police officer in the death of an unarmed African-American man, Wisconsin’s actions were being held up as a national model.
Recent concerns about officer-related deaths, and the investigations that follow, have resulted in much legislative activity in state capitols in 2015 (see below) — calls for an increased use of police body cameras, for example, and new rules for how violent incidents are handled, investigated and publicly reported.

This act amends Tennessee’s fetal homicide law to allow the prosecution of a pregnant woman for the illegal use of a narcotic drug, if her child is born addicted or harmed by the drugs she took during her pregnancy. The charge of assault is a misdemeanor offense, but if the child is harmed, aggravated assault, with a 15-year maximum prison term, could be charged. That a woman is enrolled in long term drug addiction treatment before the child is born, remains in the program after delivery and successfully completes the program is an affirmative defense under the law. The law is set to expire on July 1, 2016.

With passage of this act, Montana became the first state to require state and local government entities to obtain a probable-cause warrant before remotely engaging personal electronic devices. Agencies may obtain location information in the case of emergencies or if an electronic device is stolen or if an individual gives authorized permission to access their location information.

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