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An Order Not To Leave – When Is It A Fourth Amendment ‘Seizure’

An issue arises from time to time as to whether an order forbidding an employee from going home or requiring the employee to remain in a particular location so that an investigation can be conducted amounts to a “seizure” for Fourth Amendment purposes. The federal Third Circuit Court of Appeals recently followed the decisions of a number of other courts and concluded that such orders rarely amount to a…

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Q&A Podcast #2: Search & Seizure, Discipline, Sick Leave Abuse

Can an employer search an officer’s personal cell phone as part of an internal affairs investigation? How does an employer impose discipline on an employee who is in layoff status? How does an employer prove sick leave abuse? Download audio file (Right click, select “Save As”) Use this link to play on iPhones and iPads Subscribe to LRIS Q&A by email Subscribe on iTunes

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Firefighter’s Compelled Display Of Insulation Violates Fourth Amendment

Nicholas Delia is a firefighter with the City of Rialto, California. On August 10, 2006, Delia began to feel ill while working to control a toxic spill. He was then transported to a hospital emergency room for evaluation. There, a doctor gave him an off-duty work order for three work shifts. The doctor, however, did not place any activity restrictions on Delia. On August 15, 2006, the City became…

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Compelled Internal Affairs Interview Not ‘Seizure’ For Fourth Amendment Purposes

Lawrence Goodine was a police officer for the City of Chattanooga, Tennessee. In early 2007, after complaints from several suspects, the Department’s Internal Affairs division began investigating Goodine. On March 7, 2007, Internal Affairs officers approached Goodine during roll call and ordered him to accompany them back to their offices. Goodine was escorted into a police vehicle and driven to another location. Internal Affairs officers then advised Goodine in…

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