There is a growing consensus among federal appeals courts that law enforcement can request tracking data from a user’s cellphone without a warrant and without violating the Fourth Amendment’s protection against unreasonable search and seizure. The Supreme Court just decided this past Monday (6/5/17) in Carpenter v. USA to answer the question whether the Fourth…

On June 1, 2017, the Ninth Circuit Court of Appeals ruled in Bauer v. Becerra, that a fee on firearms transfers to fund enforcement efforts against illegal firearm purchasers did not violate the Second Amendment. The California program, established in 2001, enforces California’s prohibitions on firearm possession by identifying “persons who have ownership or possession…

On Tuesday, May 30, 2017, the U.S. Supreme Court set aside a multi-million dollar verdict in a California shooting case. LA police had burst into a shack without a search warrant and grievously shot two people. At issue in County of LA v. Mendez was the 9th Circuit’s “Provocation” Rule which allows claims against officers…

The Trump administration is urging the U.S. Supreme Court to reject a 2nd Amendment claim that would restore the right to own a gun by two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes. The case is Sessions v. Binderup. Judge Gardner from Allentown wrote the opinion at the District…

School police did not violate 4th Amendment by Searching Student’s Bag The Ohio Supreme Court unanimously held on May 11, 2017 that a warrantless school search of a high school student’s unattended book bag was not an unreasonable search under the Fourth Amendment. The court held that such searches are justified by a school’s obligation…

“Copwatch” Case heard by 3rd Circuit The 3rd Circuit Court of Appeals heard argument on May 9, 2017 on the question of whether there is a 1st Amendment right to film on-duty police officers. The case is Fields v. City of Philadelphia and a video of the argument can be viewed from this link. The…

Attorney Geiger will be speaking at a Prison Risk Management Workshop on May 25, 2017 at the Hotel Hershey in Hershey, PA. The conference is sponsored by the County Commissioners’ Association of Pennsylvania (CCAP). Geiger will be speaking on the responsibilities of Counties in supervising the medical and psychiatric care County Jails provide to inmates….

Rockne Newell killed three people in a shooting at the Ross Township municipal building in Monroe County, Pennsylvania. In a federal lawsuit filed by the families of the victims, the plaintiffs alleged that Newell was unstable and that the County Sheriff, the Township supervisors, and the supervisors’ lawyer were responsible for Newell’s violence and for…

The Third Circuit Court of Appeals recently changed its operating procedures to provide for the posting of argument videos on the internet. The new rule provides an opportunity for counsel to object to the posting, which then requires that all judges on the panel agree that the video be posted. http://www.ca3.uscourts.gov/sites/ca3/files/011317IOP_Final_Chpt2_Insert.pdf Because of the opportunity…