FEDERAL PREEMPTION 
Published: January 23, 2012
Tags: federal preemption
A state law that regulates what slaughterhouses must do with pigs that cannot walk is preempted by the Federal Meat Inspection Act.
State animal law is preempted
Published: January 23, 2012
Tags: Federal Meat Inspection Act, preemption
A state law that regulates what slaughterhouses must do with pigs that cannot walk is preempted by the Federal Meat Inspection Act, the U.S. Supreme Court has ruled.
Officers entitled to qualified immunity despite warrantless entry
Published: January 23, 2012
Tags: civil rights, Fourth Amendment, qualified immunity, §1983
The Fourth Amendment permitted police officers to enter a residence without a warrant if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, the U.S. Supreme Court has ruled in granting the officers in the case qualified immunity.
§1983 – QUALIFIED IMMUNITY
Published: January 23, 2012
Tags: qualified immunity, §1983
Because the Fourth Amendment permitted police officers to enter a residence if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, they were entitled to qualified immunity despite the lack of a warrant.
See “Officers entitled to qualified immunity despite warrantless entry.”
U.S. Supreme Court. Ryburn v. Huff, No. 11-208. Jan. 23, 2012. Lawyers USA No. 993-3510.
Supremes: Warrantless use of GPS device constitutes search
Published: January 23, 2012
Tags: Fourth Amendment, GPS device, privacy, search and seizure, Supreme Court, trespass, warrantless search
The attaching of a GPS device to a vehicle, and the use of that device to monitor the vehicle’s movements, constitute a search under the Fourth Amendment, the U.S. Supreme Court has ruled.
Sex offender had no duty to register
Published: January 23, 2012
Tags: Sex Offender Registration and Notification Act, sex offenders
The federal sex offender registration statute did not require a sex offender convicted before passage of the law to register before the U.S. Attorney General promulgated a rule making registration requirements applicable to him, the U.S. Supreme Court has ruled in a 7-2 decision.
SEX OFFENDERS
Published: January 23, 2012
Tags: sex offenders
The federal Sex Offender Registration and Notification Act did not require a pre-Act offender to register before the U.S. Attorney General had promulgated a rule making the law’s registration requirements applicable to him.
See “Sex offender had no duty to register”
U.S.
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SEARCH AND SEIZURE
Published: January 23, 2012
Tags: Fourth Amendment, GPS device, privacy, search and seizure, Supreme Court, trespass, warrantless search
The attaching of a GPS device to a vehicle and the use of that device to monitor the vehicle’s movements constitute a search under the Fourth Amendment.
See “Warrantless use of GPS device constitutes search”
U.S. Supreme Court. U.S. v. Jones. No. 10-1259. Jan. 23 2012. Lawyers
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ABA weighs in on suit over lawyer’s immunity
Published: January 20, 2012
Tags: ABA, American Bar Association, qualified immunity
The American Bar Association has weighed in on a case pending before the U.S. Supreme Court over whether a lawyer in private practice hired by a city can claim qualified immunity from a civil rights lawsuit.
VOTING RIGHTS ACT
Published: January 20, 2012
Tags: Supreme Court, Texas redistricting, Voting Right Act
The U.S. Supreme Court vacated and remanded a Voting Right Act challenge to a redistricting plan because it was unclear whether the district court followed the appropriate standards in drawing interim maps for the 2012 elections.
U.S. Supreme Court. Perry v. Perez. Nos. 11-713, 11-714 and 11-715. Jan. 20,
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