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May 2016 Issue of The Informer

6/7/2016 12:00:00 AM

Attached please find the May 2016 issue of The Informer. This monthly publication will keep you informed of the very latest developments in case law, statute and rules changes, and provide news and articles of interest and practical import for law enforcement officers and agents.5Informer16(.pdf file)

In the May 2016 Informer:

Article: The "But-For" Test: How Burrage v. United States Impacts Drug Distribution Death Investigations by Michelle M. Heldmyer, Attorney-Advisor/Senior Instructor, Office of Chief Counsel, Legal Division, Federal Law Enforcement Training Centers, Artesia, New MexicoCase Summaries:Circuit Courts of Appeals:4th Amendment (Search / Seizure / Arrest), 5th Amendment (Miranda), Use of Force / Qualified Immunity
  • 1st Cir (Hamilton): Whether officers lawfully entered the house where they located and arrested the defendant.
  • 3rd Cir. (Murray): Whether officers lawfully entered a motel room and then lawfully frisked the defendant.
  • 4th Cir. (Palmer): Whether an officer unlawfully expanded the scope of a traffic stop to conducta drug investigation.
  • 6th Cir. (Carpenter): Whether the government violated the Fourth Amendment by not obtaining a search warrant to obtain business records from a wireless carrier.
  • 7th Cir. (Mays): Whether an officer had reasonable suspicion to frisk the defendant.
  • 7th Cir. (Whitaker): Whether the warrantless use of a drug-sniffing dog in a common hallway of an apartment building violated the Fourth Amendment.
  • 7th Cir. (Contreras): Whether the officers' warrantless entry into the defendant's garage and protective sweep of his house violated the Fourth Amendment.
  • 7th Cir. (Leiva): Whether the defendant's consent to search his vehicle was valid when the officer's request to search, spoken in Spanish, did not request exactly what the officer intended.
  • 8th Cir. (Adams): Whether the defendant unequivocally invoked his right to remain silent, and whether he impliedly waived his right to remain silent.
  • 8th Cir. (Pile): Whether an officer lawfully opened the door to look inside the defendant's camper after lawfully arresting the defendant outside the camper.
  • 8th Cir. (Tamayo-Baez): Whether an officer had reasonable suspicion to stop the defendant.
  • 8th Cir. (Smith): Whether officers' warrantless entry into the defendant's house was lawful under the community caretaking exception.
  • 8th Cir. (Makeeff): Whether federal probation officers' warrantless seizure and search of a USB drive violated the Fourth Amendment.
  • 10th Cir. (Perea): Whether officers were entitled to qualified immunity in a lawsuit for excessive use of force when they continued to deploy a taser against Perea after he was subdued.
  • 11th Cir. (Smith): Whether statements obtained from the defendant were compelled in violation of Garrity v. New Jersey.
  • C. Cir. (Scurry): Whether evidence obtained through a wiretap order that was invalid on its face should be suppressed.

FLETC Informer Webinar Series

  1. 1. Fourth Amendment Overview
2-hour webinar presented by Bruce-Alan Barnard, FLETC Legal Division. This webinar provides an overview of the Fourth Amendmentto include: levels of suspicion, (hunches, reasonable suspicion, and probable cause) what constitutes a search and a seizure, and adiscussion of "reasonableness."Dates and Times: Wednesday June 15, 2016 2:30 p.m. EDT and Monday June 20, 2016 2:30 p.m. EDT 

To join this webinar on either date: https://share.dhs.gov/informer

To participate in a FLETC Informer Webinar:
  1. Click on the appropriate link above to access the Homeland Security Information Network (HSIN).
  2. If you have a HSIN account, enter with your login and password information.
  3. If you do not have a HSIN account click on the button next to "Enter as a Guest."
  4. Enter your name and click the "Enter" button.
  5. You will now be in the meeting room and will be able to participate in the webinar.
  6. Even though meeting rooms may be accessed before a webinar, there may be times when a meetingroom is closed while an instructor is setting up the room.
  7. Meeting rooms will be open and fully accessible at least one-hour before a scheduled webinar.
  8. Training certificates will be provided at the conclusion of each webinar.
***************************************************************************Ken AndersonAttorney AdvisorOffice of Chief CounselLegal Training DivisionFederal Law Enforcement Training CenterGlynco, GA 31524912 267-3429 
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