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The Researching Paralegal

Tag Archives: Police

Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

Posted by Celia C. Elwell, RP in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions

≈ Comments Off on Litgation Hold – Too Little Too Late.

Tags

Doug Law, E-Discovery, eDiscovery daily Blog, Emails, Litigation Hold, Police, Sanctions, Text Messages

Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog

http://bit.ly/1Rqmnc0

In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .

Case Background

In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .

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Rhode Island Supreme Court Has No Problem With Impeachment.

11 Sunday May 2014

Posted by Celia C. Elwell, RP in Assault, Criminal Law, Evidence, Impeachment, Rhode Island Supreme Court

≈ Comments Off on Rhode Island Supreme Court Has No Problem With Impeachment.

Tags

Assault, Character Evidence, Colin Miller, Conviction, Evidence, EvidenceProf Blog, Impeachment, Motion in Limine, Police, Resisting Arrest, Rhode Island Supreme Court

Impeachable?: Supreme Court of Rhode Island Finds No Problem With Impeachment Via Old, Similar Conviction, Editor:  Colin Miller, EvidenceProf Blog

http://bit.ly/1oEpyhi

[S]o, assume that a defendant is charged with resisting arrest, and the trial is held in 2012. Also, assume that the defendant has the following convictions: assault on a police officer (1987), a 1982 assault on a police officer (1982), and simple assault (1982). If the defendant files a motion in limine, seeking to preclude the prosecution from introducing evidence of these convictions into evidence, how should the court rule? . . . .

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Cloud App Used By Police and Public To Catch The Bad Guys.

02 Friday May 2014

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, Clouds, Criminal Law, iPhones, Law Enforcement

≈ Comments Off on Cloud App Used By Police and Public To Catch The Bad Guys.

Tags

App, Associated Press, Boston Marathon bombings, Clouds, Computers, Forensic Magazine, Large Emergency Event Digital Information Repository, Law Enforcement, LEEDIR, Police, Tami Abdollah

New Tool Helps Police Crowdsource Evidence, by Tami Abdollah, Associated Press, posted by Forensic Magazine

http://bit.ly/1lJps89

An annual spring party in a Southern California beach town devolved into a riot last month when revelers turned violent, rocking cars, smashing windows and throwing rocks. Dozens were injured and about 50 people ended up in the hospital, including several police officers.

Today, as authorities seek help with the investigation in Isla Vista, they’re employing a new online and mobile app that designers say was created specifically for this type of situation.

‘When the public really wants to catch these bad guys as badly as we do, this is the mechanism,’ said Los Angeles Sheriff’s Cmdr. Scott Edson, who helped conceptualize the system in the aftermath of the Boston Marathon bombings. ‘They can help us by sending us pictures and video.’

The innovation, known as LEEDIR, the Large Emergency Event Digital Information Repository, pairs an app with cloud storage to help police use smartphones as tools to gather evidence. . . .

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Smelling Pot From A Moving Car With Closed Windows.

13 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Criminal Law, Drug Possession, Fourth Amendment - Search & Seizure, Governmental Tort Claim Act, Probable Cause

≈ Comments Off on Smelling Pot From A Moving Car With Closed Windows.

Tags

CrimProf Blog, CrimProf BlogEditor, Fourth Amendment, Law Enforcement, Marijuana, Police, Probable Cause, Washington Post

Smelling Pot From A Moving Car With Closed Windows, By CrimProf BlogEditor, CrimProf Blog

http://tinyurl.com/qxt6xyu

FourthAmendment.com links to this piece at the Washington Post, discussing the ease with which police can stop cars that they suspect might be carrying drugs. Among the most interesting aspects is the discussion of cases in which cops in moving cars with closed windows claim to smell pot in other moving cars with closed windows. . . .

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Can Law Enforcement Search A Cell Phone Without A Warrant?

02 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 1st Circuit Court of Appeals, 4th Circuit Court of Appeals, 5th Circuit Court of Appeals, Android Phones, California Supreme Court, Cell Phones, Constitution, Florida Supreme Court, Fourth Amendment - Search & Seizure, Georgia Supreme Court, iPad, iPhones, Legal Technology, Massachusetts Supreme Court, Ohio Supreme Court, Privacy, Tablets, United States Supreme Court

≈ Comments Off on Can Law Enforcement Search A Cell Phone Without A Warrant?

Tags

California Supreme Court, Cell Phones, Fifth U.S. Court of Appeals, First U.S. Court of Appeals, Florida Supreme Court, Fourth Amendment, Fourth U.S. Court of Appeals, Georgia Supreme Court, Kwame Opam, Law Enforcement, Massachusetts Supreme Court, Ohio Supreme Court, Police, Probable Cause, Search and Seizure, Seventh U.S. Court of Appeals, The Verge, U.S. Supreme Court

Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE

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Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

08 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Criminal Law, Evidence, iPhones, Privacy, Subpoenas

≈ Comments Off on Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

Tags

Cell Phones, Crime, John Kelly, New Jersey, Police, Susanne Cervenka, T-Mobile, USA TODAY

Cell Data Dumps: A Legally Fuzzy Area, by John Kelly and Susanne Cervenka, USA TODAY

http://tinyurl.com/k9kudm2

The rules governing how police obtain and use data from cellphones is a target on the move, as state legislatures act to protect residents’ privacy and real-life criminal cases wend their way through state and federal courts.

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Cleveland Police Chief suspends 63 of 104 officers involved high-speed car chase and fatal shooting of driver and passenger.

21 Monday Oct 2013

Posted by Celia C. Elwell, RP in Excessive Force, Governmental Tort Claim Act, Municipal Law

≈ Comments Off on Cleveland Police Chief suspends 63 of 104 officers involved high-speed car chase and fatal shooting of driver and passenger.

Tags

Civil Rights, Excessive Force, High Speed Chase, Police

Cleveland police to suspend 63 officers after fatal car chase, by Kim Palmer, Reuters
http://reut.rs/1fALXdr

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