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Informational Bulletin- June 2016 Issue of "The Informer" Is On-Line

7/4/2016 12:00:00 AM

Attached please find the June 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.6Informer16(.pdf file)In the June 2016 Informer:Article: The Use of Surveillance Camera Footage in Federal Criminal ProsecutionsBy Edmund Zigmund Attorney-Advisor, United States Department of Homeland Security / Federal Law Enforcement Training Centers / Office of Chief Counsel / Legal Division, Glynco, Georgia. 

Case Summaries:

United States Supreme Court:Utah v. Strieff: Whether the discovery of a valid arrest warrant was a sufficient intervening event to break the causal chain between an unlawful Terry stop and the seizure of evidence.Birchfield v. North Dakota (3 cases consolidated): Whether motorists lawfully arrested for drunk driving may be convicted of a crime or otherwise penalized for refusing to take a warrantless test measuring the alcohol in their bloodstream. Circuit Courts of Appeals:4th Amendment (Search / Seizure / Arrest)
  • 2nd Cir (Bohannon): Whether officers were required to obtain a search warrant before entering a third party's dwelling to arrest the defendant pursuant to an arrest warrant before the government could use evidence seized in the dwelling against the defendant.
 
  • 3d Cir. (Vasquez-Algarin): Whether the "reasonable belief" standard in Payton v. New York amounts to probable cause standard, and whether officers established a reasonable belief that the subject of an arrest warrant lived in the defendant's apartment before they entered to arrest him.
 
  • 4th Cir. (Gardner): Whether an officer established reasonable suspicion to conduct a Terry stop; and whether the defendant was in custody for Miranda purposes during the stop.
 
  • 4th Cir. (Foster): Whether an officer established reasonable suspicion to conduct a Terry stop.
 
  • 4th Cir. (Lull): Whether an officer intentionally and/or recklessly omitted material information from a search warrant affidavit.
 
  • 6th Cir. (Church): Whether an officer established probable cause to search the defendant's apartment for evidence of possession with intent to distribute drugs.
 
  • 7th Cir. (Sweeney): Whether the warrantless search of the common area in the basement of an apartment building violated the Fourth Amendment.
 
  • 8th Cir. (Berger): Whether a forensic search of an external hard drive exceeded the defendant's scope to search his home.
 5th Amendment (Miranda / Due Process / Self Incrimination)
  • 4th Cir. (Gardner): Whether an officer established reasonable suspicion to conduct a Terry stop; and whether the defendant was in custody for Miranda purposes during the stop.
 
  • 8th Cir. (Laurita): Whether the defendant was in custody for Miranda purposes during an interview by officers at his workplace.
 
  • 8th Cir. (House): Whether a photographic line up presented to a witness was impermissibly suggestive.
 
  • 10th Cir. (Von Behren): Whether a condition of the defendant's supervised release that required him to complete a sexual history polygraph violated the defendant's Fifth Amendment right against self-incrimination.
 Use of Force / Qualified Immunity
  • 7th Cir. (Becker): Whether an officer was entitled to qualified immunity in a suit for excessive use of force after the plaintiff claimed the officer pulled him down a flight steps and allowed his K-9 partner to bite him on the leg after he had surrendered to the officer.
 Use of Force Crossword Puzzle: by Tim Miller, Attorney Advisor / Senior Instructor, Federal Law Enforcement Training Center / Legal Division. FLETC Informer Webinar Series:Please check: https://share.dhs.gov/informer for the latest webinar schedule and news. To Access HSIN to check the webinar schedule or participate in a 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 meeting room 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.

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Ken AndersonAttorney AdvisorOffice of Chief CounselLegal Training DivisionFederal Law Enforcement Training CenterGlynco, GA 31524912 267-3429 
Posted In: Legal Updates,
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