Vol. 30 No. 8 GPS TRACKING OF CONVICTED PERSON MAY BE UNCONSTITUTIONAL

GPS TRACKING OF CONVICTED PERSON MAY BE UNCONSTITUTIONAL On March 30, 2015, the United States Supreme Court held, in Grady v. North Carolina, that placing a GPS on a recidivist sex offender may be an unconstitutional search.  However, the Court noted, “(t)he Fourth Amendment prohibits only unreasonable searches.”  Therefore the issue is whether the placement […]

Vol. 30 No. 7 CCW Case To Be Reheard By “En Banc” Panel

CCW CASE TO BE REHEARD BY “EN BANC” PANEL On March 26, 2015, the full Ninth Circuit U.S. Court of Appeal voted to have an “en banc” rehearing (11 justices of the Court) of the case of Peruta v. County of San Diego.  Previously, a three judge panel split 2 – 1 and held that […]

Vol. 30 No. 6 Must Law Enforcement “Reasonably Accommodate” Violent, Mentally Ill, Suspects When Taking Them Into Custody?

MUST LAW ENFORCEMENT “REASONABLY ACCOMMODATE” VIOLENT, MENTALLY ILL, SUSPECTS WHEN TAKING THEM INTO CUSTODY? On March 23, 2015, the United States Supreme Court heard oral argument in the case ofSan Francisco v. Sheehan, involving the interaction between police and a mentally ill person. The issue presented focused on whether or not law enforcement, when confronting […]