Legal Update

Legal Update

Larry E. Holtz, Esq. A First Amendment Right to Record the Police   “Every Circuit Court of Appeals to address this issue . . . has held that there is a First Amendment right to record police activity in public.” With major advances in technology and the widespread ownership of smartphones, civilian recording of police officers has become common place. Recently, in Fields v. City of Philadelphia (3rd Cir. 2017), the Third Circuit joined a growing array of federal circuit…


Legal Update

Larry E. Holtz, Esq. DEADLY FORCE: AN OFFICER’S FAILURE TO SHOUT A WARNING In its first decision of 2017, the U.S. Supreme Court renders a determination regarding qualified immunity in a police shooting case. Recently, in White v. Pauly, 137 S.Ct. 548 (2017), the United States Supreme Court addressed “the situation of an officer who – having arrived late at an ongoing police action and having witnessed shots being fired by one of several individuals in a house surrounded by…


Legal Update

Larry E. Holtz, Esq. Discovery of Warrant Saves Evidence from Unlawful Police Stop Evidence discovered was admissible because the unlawful stop was sufficiently attenuated by the pre-existing arrest warrant. Does the Fourth Amendment’s “attenuation doctrine” apply when an officer makes an unconstitutional investigatory stop; learns during that stop that the suspect is subject to a valid arrest warrant; and proceeds to arrest the suspect and seize incriminating evidence during a search incident to that arrest? Recently, in Utah v. Strieff…