Site Map - Legal Issues

No Warrant Necessary for Text Message Search

- The California Supreme Court has ruled that police do not need a warrant to search the text messages on a suspect's cell phone.

Legal Report

- A company's unwritten employment policies pass legal muster and a school district settles a privacy case with students. Also, a government agency examines whether businesses should consider credit history when hiring.

Supreme Court Hears Third-Party Retaliation Case

- Yesterday, the U.S. Supreme Court heard arguments in a case that could broaden the scope of federal antidiscrimination laws as they relate to retaliation in the workplace.

Drug Testing

- The 6th Circuit Court of Appeals has overturned a lower court ruling that would have allowed able-bodied employees to use provisions of the Americans with Disabilities Act to challenge a company’s drug testing policy (.pdf). The company wanted to see if drug use was leading to its high accident rate.

Legal Report

- A review of the legislation approved by the 11th Congress as well as a look at measures that failed to pass this session.

Supreme Court to Hear Retaliation Case

- The U.S. Supreme Court will determine whether government employees may sue their employers for violation of the First Amendment when the speech in question is a matter of private, rather than public, concern.

School District Settles Lawsuit Brought Over Webcam Spying

- A suburban Philadelphia school district has agreed to pay $610,000 to settle a lawsuit brought by students who claimed that district employees spied on the students using two-way Webcams that were incorporated into school-issued laptops.(Corrected)

Lawmakers Seek to Close Corruption Loophole

- The Senate Judiciary Committee held a hearing on Tuesday to discuss a recent U.S. Supreme Court case, which narrowed the application of federal law that prosecutors had used to bring fraud cases against corrupt corporate executives and politicians.

Security Officers

- A New Jersey prosecutor has dismissed a felony assault charge against a security guard. The guard was indicted after a scuffle at his workplace resulted in an injury to a thief who had come to rob the facility. Recordings of the guard’s 911 calls led prosecutors to rethink the charge. Read the New Jersey prosecutor’s petition to dismiss the case.

Legal Report

- A prosecutor dismisses a felony charge against a security guard, and an employee may not sue her company for failure to investigate her discrimination claim.

Morning Security Brief: NIST Issues Testing Procedures, Dreadlocks Not a Clear Sign of Religion, and HHS Withdraws Privacy Rule

- New cybersecurity procedures for testing health information are issued; an applicant who sued a security guard company may not pursue his religious discrimination claim; and a federal health agency has withdrawn a final rule over privacy concerns.

Credit Reporting Agencies Responsible for Watch List Errors

- A federal appeals court has ruled that a credit reporting agency can be held responsible for correcting errors on credit reports that originated from government watch lists.

Police Must Obtain a Warrant Before Using GPS Tracking

- A federal appeals court has ruled that police may not use a global positioning satellite unit to track a person’s movements for a long period of time without a warrant.

Beyond Print

SM Online

See all the latest links and resources that supplement the current issue of Security Management magazine.