Legal Update Archive2018-08-06T22:11:41+00:00

TRAFFIC STOPS AND LEGALLY PROLONGING THE DETENTION

On August 23, 2019, the Court of Appeals of Georgia decided Hall v. State[i], which serves as an excellent review of the law pertaining to the prolonging of a traffic stop to investigate additional criminal activity.   The relevant facts of Hall, taken from the case, are as follows: [T]he evidence shows that in May 2015, an agent with the Atlanta High Intensity Drug Trafficking Area ("HIDTA") Task Force was conducting surveillance on Elmer Moreno, a member of a drug trafficking organization, from which the agent recently seized over 200 pounds of methamphetamine. As a result of this surveillance, the agent [...]

By |June 1st, 2020|Categories: Legal updates|

CAN YOU LOOK AT A WEB BROWSING HISTORY WITHOUT A WARRANT

©2020 John Valkovci, Attorney, Legal & Liability Risk Management Institute Perhaps some of you saw one of the many sensational news articles this week declaring that the United States Senate voted to, “Allow the FBI to Look at Your Web Browsing History Without a Warrant.”  But that’s not exactly what happened.  Then again, does it really surprise us anymore when the press doesn’t get the story quite correct?  Here’s what actually occurred, and what it means for you. It all has to do with the PATRIOT Act.  The PATRIOT Act has been in place since the 9/11 terroristic attacks in [...]

By |May 26th, 2020|Categories: Legal updates|

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT UPHOLDS GRANT OF SUMMARY JUDGMENT FOR DEFENDANT POLICE OFFICERS WHO SHOT A SUSPECT IN A MOVING VEHICLE

©2020 John Ryan, Attorney, Legal & Liability Risk Management Institute On January 3, 2020, the Seventh Circuit Court of Appeals issued a decision in Ybarra v. City of Chicago.[i] In Ybarra, the Court upheld the district court’s grant of summary judgment to a pair of defendant police officers who had shot and killed the driver of a vehicle that had just been involved in a drive-by shooting. Facts The Court set forth the relevant facts of the case as follows: During the early hours of August 29, 2015, Chicago Police Department Commander Francis Valadez and Officer Monica Reyes (collectively, "the [...]

By |May 18th, 2020|Categories: Legal updates|

LAWSUITS BEING FILED AGAINST JAIL AND CORRECTIONAL FACILITIES RELATED TO THE CORONA VIRUS – BE PREPARED WITH A REASONABLE RESPONSE

©2020 John Ryan, Attorney, Legal & Liability Risk Management Institute LAWSUITS BEING FILED AGAINST JAIL AND CORRECTIONAL FACILITIES RELATED TO THE CORONA VIRUS – BE PREPARED WITH A REASONABLE RESPONSE By John Ryan, Attorney The impact of Coronavirus or COVID-19 has been seen throughout the United States and around the world. Correctional facilities have been especially susceptible to the COVID-19 outbreak and a result there have been a number of legal actions which have been filed in recent weeks. This article will provide an overview of some of the lawsuits which have been filed thus far. In Banks v. Booth, [...]

By |May 11th, 2020|Categories: Legal updates|

THIRD CIRCUIT EXAMINES COURT ORDER REQUIRING HIV/HEP TESTING

On August 22, 2019, the Third Circuit Court of Appeals decided Bracey v. Huntingdon County et al.[i], in which the court examined the process by which the Pennsylvania Department of Corrections obtained a non-consensual blood sample to test an inmate for HIV and hepatitis after he exposed a correctional officer to his blood during an altercation in prison.   The relevant facts of Bracy, taken directly from the case, are as follows: Bracey, a Pennsylvania state prisoner, was formerly incarcerated at SCI Huntingdon. On November 17, 2012, Corrections Officer Adam Park suffered a wound during an altercation between Bracey and SCI [...]

By |May 4th, 2020|Categories: Legal updates|

SOCIAL MEDIA POLICIES AND STRIKING THE RIGHT BALANCE BETWEEN EMPLOYEE FREE SPEECH AND PROTECTING YOUR AGENCY

In 2019, a Philadelphia lawyer and her group of researchers published an online database called “The Plain View Project,” which exposed thousands of questionable social media posts selected from 3,500 verified accounts of current and former law enforcement officers throughout the United States.[1]  Public awareness and media reports about the database led to organized protests in some cities, and dozens of officers were investigated for improper content on their personal Facebook accounts.[2] As a result, some departments announced a range of discipline for offending officers, including thirteen that were fired in Philadelphia.[3]  Unfortunately, the harm to community relations from the [...]

By |April 28th, 2020|Categories: Legal updates|