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Morning Security Brief: Marijuana in the Mail, 'Test on Arrest' Ruling, Identity Theft Rules, and More

- Colorado post offices say more people are trying to mail marijuana out of state. Court rules that "test on arrest" policy doesn't violate the Fourth Amendment. A government agency has approved identity theft rules for publication. And more.

Weapons

- A bill (H.R. 822) that would require states to honor the concealed weapons permits of other states has been approved by the House of Representatives. The bill is now pending in the Senate Judiciary Committee.

Social Media

- A student who created a MySpace page to ridicule another student is not protected by the First Amendment. A federal appeals court ruled that the school’s discipline of the student was permissible because “the student used the Internet to orchestrate a targeted attack on a classmate.” Other courts have ruled that students’ social media postings are protected so long as they do not cause disruptions and are created off school property.

Premises Liability

- New York’s high court has ruled that The Port Authority of New York and New Jersey is immune from liability for the 1993 World Trade Center (WTC) bombing. According to the court, the port authority was acting in a “governmental capacity” at the time of the bombing and, thus, has legal immunity.

U.S. Supreme Court Rules that Police Need Warrant to Track Suspects

- The U.S. Supreme Court rules that the police must obtain a warrant before using GPS to track suspects.

Social Media

- A university did not violate a mortuary science student’s rights to free speech when it sanctioned her for writing that she wanted to “stab a certain someone in the throat” on her Facebook page. The court found that the student’s posts could be construed as serious threats and that the university had the right to address potentially threatening conduct.

Tasers

- A federal appeals court has ruled that police officers in two separate incidents engaged in unreasonable force when discharging their Tasers. However, because case law was not established at the time of the incidents, the officers are protected from liability.

Eyewitness Testimony

- The New Jersey Supreme Court has handed down a list of new rules regarding the admission of eyewitness testimony in court. Read the full ruling online.

Retaliation

- An assistant manager’s refusal to return the calls of an employee out on medical leave is sufficient to support a case of retaliation under the Family Medical Leave Act (FMLA). In the case, an employee out on FMLA leave put in weekly calls to her assistant manager to provide an update. The manager never returned the calls and the employee was fired for not returning to work as agreed. The district court found that the failure to return calls indicated an “antagonistic attitude.”

Intelligence

- A major court ruling could change the way eyewitness testimony is viewed in court, and Chicago releases years of criminal data.

Legal Report

- A court rules that police officers acted unreasonably in using Tasers but they were protected under the law as it stood at the time of the incident.

New Jersey Judge Rules Police Can Keep Surveillance Locations Secret In Drug Case

- A New Jersey appellate court ruled on Monday that law enforcement officers can keep their surveillance locations a secret.

Survey: Many People Know About Workplace Misconduct and are Willing to Report it -- for Money

- Employees would report wrongdoing in the workplace if they could be protected from retaliation and claim a monetary reward, according to a recent survey, yet most people don't know about a government program that does just that.
 




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