LEGAL UPDATES | NVCJA

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2023 LEGISLATIVE UPDATE

2023 Legislative Summary

2023 Legislative Update for Law Enforcement

RECENT USSC RULINGS

NY State v.

Bruen

Appeal on Second Amendment

Vega v.

Tekoh

Appeal on Fifth Amendment

Samia v. U.S.
Defendant appeals his conviction on 6th Amendment Confrontation Clause

RECENT Virginia Supreme Court RULINGS

Tomlin v. Commonwealth
Defendant appeals conviction for Abusing or Neglecting an Incapacitated Adult

USE OF FORCE

Knibbs v. Momphard

Deadly Force and qualified immunity

sEARCH AND sEIZURE

U.S. vs Miller
Improperly extending a traffic stop

United States v. Hobbs
Warrantless recovery of cell phone pings in exigent circumstances

U.S. vs. Treisman
Search of a vehicle under the community caretaker doctrine

Hackett v. Commonwealth
Whether the officer had the immediate ability to arrest as required by 1.2-460(E)

QUALIFIED IMMUNITY / Lawsuits

Hulbert V. Pope

Qualified Immunity in a First Amendment Lawsuit

Franklin v. Charlotte

Qualified immunity for use of force

Thompson v. Clark

U.S. Supreme Court case making it easier to sue for wrongful arrest

Thweatt v. Rhodes
Plaintiff appeals the dismissal of a lawsuit for malicious prosecution

Aleman v. Charlotte

Whether the officer's shooting was objectively reasonable to be granted qualified immunity

First Amendment

Sharpe v. Winterville Police
Fourth Circuit
First Amendment case of livestreaming a traffic stop.

Counterman v. Colorado
Defendant appeals conviction for Stalking on First Amendment grounds

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