Monthly Law Journal Article: Investigative Detention of Employees Part One: Criminal Interviews, 2008 (4) AELE Mo. L. J. 201.

     A naval aide who collected secret documents at his home was charged with espionage under 18 U.S.C. § 793(e), even though he did not tender the documents to a foreign power. After serving in Bahrain as a Navy contract linguist, he allegedly improperly retained classified documents unlawfully. He said that his sole purpose in taking the documents to his quarters was to read them, and also argued that he had no knowledge that they were classified, despite clear markings on them. U.S. v. Hitselberger, #1:12-cr-00231 (D.D.C. 2012).
    A former FBI Agent who engaged in a sexual relationship with a confidential informant was sentenced to a year in prison for making a number of false statements to his supervisor and to Justice Department investigators. He falsely stated, while signing up the woman as a confidential informant, that she was not a suspect in any pending investigation, and lied about whether he had given FBI reports to the informant's attorney. U.S. v. [Adrian] Busby #1:11-cr-00370 (S.D.N.Y. 2012).
     FBI agent indicted for false statements. The agent allegedly officially misrepresented facts concerning a confidential informant with whom he had intimate relations with. U.S. v. Busby (S.D.N.Y. 2011). Press Release.
     Eleventh Circuit affirms a 12-month sentence for a federal employee who violated workplace policies prohibiting personal access to the agency's database and obtained personal information on friends and acquaintances. The Computer Fraud and Abuse Act, 18 U.S. Code 1030(a)(2)(B) does not require that a person acted for financial gain to violate the misdemeanor provisions of the law. U.S. v. Rodriguez, #09-15265, 628 F.3d 1258, 2010 U.S. App. Lexis 26203 (11th Cir.).
     An insolvent medical testing company agreed to plead guilty to fraud charges for rigging physical exams that were given to more than 10,000 applicants to the Chicago Police and Fire departments. The firm faces a fine of up to $1.8 million under federal sentencing guidelines, but their lawyer told a federal judge that the company is insolvent and unlikely to pay any fine or restitution. U.S. v. U.S. Occupational Health, Inc. (N.D. Ill.). As many as 4,000 police applicants may be retested. Sources: Chicago Sun-Times (Mar. 19, 2011) and Chicago Tribune (Feb. 17, 2011).
     Illinois appellate court overturns the conviction of a former police detective for official misconduct. Violations of police department regulations cannot alone sustain a conviction under the state's official misconduct statute. Police regulations are not "laws" within meaning of statute, as there was no evidence that they were enacted, sanctioned, or approved by a governing body. People v. Dorrough, #1-09-3200, 2011 Ill. App. Lexis 70 (1st Dist.).
    Seventh Circuit affirms the RICO conviction of a former Chicago police officer for shaking down drug dealers. U.S. v. Shamah, #09-2767, 2010 U.S. App. Lexis 20998 (7th Cir.).
     Seventh Circuit affirms the conviction of an IRS officer for wiretapping. He secretly arranged to have his supervisor's e-mails forwarded to him. The defendant claimed that the government should have charged him under the Stored Communications Act, 18 U.S. Code § 2701-12, rather than the Wiretap Act. Rejecting that effort, the court wrote that the Wiretap Act's definition of interception comprises packet-switch technology as well as circuit-switch technology. U.S. v. Szymuszkiewicz, #10-1347, 2010 U.S. App. Lexis 18815 (7th Cir.).
     Illinois Supreme Court overturns an official misconduct conviction of a police dispatcher who tipped off a man who was charged in a cocaine case. Although her actions violated agency regulations, it was not illegal to disclose the information. People v. Williams, #108947, 2010 Ill. Lexis 1556, affirming 910 N.E.2d 1272.
     Former California Highway Patrol officer, convicted of dismissing a speeding ticket in exchange for sex, is sentenced to two years in state prison. Peo. v. Abram Anthony Carabajal, #SCN259352, Super. Ct. San Diego Co. (2010).
     Fourth Circuit upholds a warrantless a search of an Army private's Microsoft Zune MP3 player, which led to his conviction for possession of child pornography. Drill sergeants were required to inventory cell phones and iPods to ensure that they have no graphic materials on them, such as pornography. Soldiers on military bases have diminished privacy expectations. U.S. v. Rendon, 09-4687, 2010 U.S. App. Lexis 12435, 607 F.3d 982 (4th Cir.).
     Officers’ use of force reports and I-A statements could not be subpoenaed by a state prosecutor who charged the officers with official misconduct. People v. Smith, #3-09-0524, 2010 Ill. App. Lexis 283 (3rd Dist.).
     Warden of the Federal Correctional Center in Victorville, CA, is indicted for lying to Office of Inspector General special agents in connection with an investigation into Internet postings that disclosed confidential government information. U.S. v. Holencik, #5:10-cr-00017, Indictment (C.D. Cal. 2010).
     Even though a postal worker was acquitted of theft charges, an appellate court affirms his conviction for making false statements to postal inspectors. United States v. Algee, #08-3196, 2008 U.S. App. Lexis 6007, 2010 FED App. 0081P (6th Cir.).
     Court dismisses criminal charges against a police sergeant who used a password-protected computer in violation of Borough regulations. The sergeant improperly accessed a video of a vehicle stop and showed it to fellow officers, in order to embarrass another sergeant. The statute, N.J.S.A. 2C:20-23, was not intended to punish employees who misuse an employer-provided computer. State v. Riley, #08-09-0802, 2009 N.J. Super. Lexis 267 (Mercer County, published 2010).
     Former NOPD lieutenant pleads guilty in federal court to writing a false report to justify the 2005 Danziger bridge shootings, and conspiring with other officers to conceal the truth. U.S. v. Lohman, #10-032, Factual Basis Statement (E.D. La. 2/24/2010).
     Ohio overturns the conviction of a public employee who was prosecuted for DUI. Management could order a breath test, but the results are not admissible in a criminal prosecution. "... the police obtained the results of the Breathalyzer and blood tests in violation of appellant's Fourth Amendment right against illegal search and seizure." State of Ohio v. Groszewski, 2009 Ohio 4062, 183 Ohio App.3d 718 (6th Dist.).
     First Amendment challenge to a state identity theft law fails. A city EMT forged an e-mail address when sending salacious information about his supervisor, who killed himself the next day. The Wisconsin Supreme Court distinguished a person’s right to publicize something from misrepresenting the identity of the message-sender. State v. Baron, #2007AP1289-CR, 2009 WI 58, 2009 Wisc. Lexis 268 (affirming 754 N.W.2d 175).
     Supreme Court declines to hear an appeal from two former Border Patrol agents who were convicted of shooting a fleeing drug smuggler and trying to cover up the incident. Compean v. U.S., #08-756, 2009 U.S. Lexis 1983; Ramos v. U.S., #08-755, 2009 U.S. Lexis 2106 (2009).
     Florida affirms a conviction and death sentence for the murder of a correctional officer; the trial court properly denied the appellant's motion to suppress his videotaped confession because of undernourishment and sleep deprivation. Smith v. State of Florida, #SC06-1903, 2008 Fla. Lexis 1639.
     Sixth Circuit upholds an enhanced sentence for a former jail administrator who arranged the beating of an inmate. United States v. Gilpatrick, #07-5653, 548 F.3d 479, 2008 U.S. App. Lexis 24199 (6th Cir.).
     NYPD sergeant charged in federal court for accessing a computer list of names on the terrorist watch list and then disseminating that information to a third party, in violation of 18 U.S. Code §1030(a)(2)(B). U.S. v. Khalil, #08-Crim-1279 (S.D.N.Y. 2008).
    Texas Supreme Court holds that an elected county constable who is convicted of a felony may be removed from office, even if the conviction was based on conduct that occurred before his election. In re Eduardo Bazan, #06-0952, 51 Tex. Sup. J. 673, 2008 Tex. Lexis 230.
     Divided panel of the Ninth Circuit rejects a civil rights suit brought by deputies that were required to remain on duty to assist superiors with a criminal investigation of an unlawful use of force. They were paid overtime, were allowed to contact counsel and "were not treated like criminal suspects." "A law enforcement officer is not seized for purposes of the Fourth Amendment simply because a supervisor orders him to remain at work after the termination of his shift or to come into the station to submit to questioning about the discharge of his duties as a peace officer." Dissenting judge noted that the deputies "weren't told they were free to leave, and they weren't told they didn't have to answer questions." Aguilera v. Baca, #05-56617, 510 F.3d 1161, 2007 U.S. App. Lexis 29804 (9th Cir.).
     Rights granted law enforcement officers under the California Public Safety Officers Procedural Bill of Rights Act do not apply to officers that are subjected to criminal investigations conducted by their employers. Van Winkle v. County of Ventura, #B194395, 158 Cal.App. 4th 492, 2007 Cal. Lexis 14427 (2nd Dist.).
     New York appellate court affirms a decision to end the pension benefits paid to a disabled police officer, following his conviction for a misdemeanor. Furrer v. Suffolk Co. Police Dept. & WCAB, #501460, 2007 N.Y. App. Div. Lexis 11177 (3rd Dept.).
     Ninth Circuit upholds the seizure of kiddy porn gathered from his employer's remote monitoring of workplace Internet activity. Every time that employees logged onto a computer they saw a warning banner that stored files and Internet usage were subject to monitoring by the employer and that employees were deemed to have consented to monitoring and disclosure to law enforcement officers. U.S. v. Greiner, #05-30342, 2007 U.S. App. Lexis 19122 (9th Cir.).
     Federal court upholds a First and Eighth Amendment pension forfeiture challenge by a former police officer that was convicted of criminal civil rights violations. The ex-officer fatally shot a robbery suspect and coworker killed another. Other officers placed throw down weapons on the two deceased men and reported that the men were armed, in an effort to justify the shootings. Hames v. City of Miami, #06-22360-CIV, 2007 U.S. Dist. Lexis 25104 (S.D. Fla.). Note: The decision follows similar rulings in Kerner v. State Employees Retir. Sys., 72 Ill. 2d 507, 382 N.E.2d 243, 246 (1978) and Horsley v. Phila. Bd. of Pens. & Retir., 519 Pa. 264, 546 A.2d 1115 (1988).
     Misappropriation of city funds is an "infamous crime" disqualifying a person from holding public office, State v. Oldner, #04-995, 206 S.W.3d 818 (Ark. 2005).
     Police officer was lawfully convicted under the federal Hobbs Act (18 U.S. Code §1951) for extorting payments from bar owners in return for not frequenting their establishments and intimidating the patrons. The Hobbs Act requires only de minimis proof of an effect on interstate commerce. U.S. v. Davis, #05-6882, 2007 U.S. App. Lexis 906 (6th Cir. 2007). [N/R]
     Although a person has a legitimate expectation of privacy in his workplace office, the employer retained the ability to consent to a search of his office and his computer by law enforcement officers. U.S. v. Ziegler, #05-30177, 2007 U.S. App. Lexis 1952 (9th Cir. 2007). [N/R]
     Conviction upheld of an IRS employee who threatened detectives with audits. United States v. Temple, #05-0165, 447 F.3d 130, 2006 U.S. App. Lexis 10885 (2nd Cir. 2006). [2006 FP Aug]
     Supreme Court declines to review a holding that struck down a California law making it a misdemeanor to knowingly file a false complaint against a peace officer. Agencies in the Ninth Circuit have been advised by counsel to remove any language from internal complaint forms that warn a citizen that he or she can be prosecuted for making a false complaint. Chaker v. Crogan, #03-56885, 428 F.3d 1215, 2005 U.S. App. Lexis 23728 (9th Cir. 2005); cert. den., #05-1118, 2006 U.S. Lexis 3900 (2006). [2006 FP Jul]
     New Jersey Supreme Court holds that employees of privatized agencies can be prosecuted for official misconduct. State v. Perez, A-86-04, 185 N.J. 204, 883 A.2d 367, 2005 N.J. Lexis 1134 (2005). {N/R}
     Federal appeals court rejects suit by a state trooper who was indicted and acquitted of criminal conduct. Even if an I-A investigator made careless mistakes in his testimony, they were corrected or there was a reasonable basis for making them. White v. Wright, #04-1934, 2005 U.S. App. Lexis 20755 (Unpub. 4th Cir. 2005). {N/R}
     Florida Supreme Court strikes down a law prohibiting the wearing of clothing marked with words "police", "sheriff", etc. Sult v. State of Florida, #SC03-542, 2005 Fla. Lexis 1343 (2005). [2005 FP Oct]
     U.S. Attorney indicts two high-ranking City of Chicago officials for job rigging, conducting sham employment interviews, falsifying interview scores, and violating federal court orders, state laws and city codes. U.S. v. Sorich (N.D. Ill. 2005). {N/R}
     Air Force MSGT sentenced to 42 months confinement for improper distribution of controlled promotional testing materials. U.S. v. Saafir (Ramstein A.F.B. Gen. Ct. Martial, 2005). {N/R}
     Palm Beach County (Florida) deputy sheriff is convicted of taking money from motorists. Under a plea agreement, the defendant paid restitution to the six victims and relinquished his Florida law enforcement certification. U.S. v. James Tackticos (S.D. Fla. 2005). {N/R}
     Los Angeles District Attorney decides not to charge a LAPD officer who struck a motorist 11 times with a flashlight. Charge Evaluation Report #04-0620R (Feb. 3, 2005). {N/R}
     Palm Beach County (Florida) deputy sheriff convicted of taking money from motorists. Under a plea agreement, the defendant paid restitution to the six victims and relinquished his Florida law enforcement certification. U.S. v. James Tackticos (S.D. Fla. 2005). {N/R}
     Florida Supreme Court sustains the conviction of a police officer who had sex with a motorist he had stopped, and failed to arrest her for DUI and speeding. The prosecution did not have to prove a formal "agreement" to trade sex for leniency. Circumstantial evidence was sufficient. State of Florida v. Castillo, #SC03-282, 2004 Fla. Lexis 546 (2004). [2004 FP Jul]
     Chicago police officers that allegedly extorted and robbed drug dealers could be prosecuted in federal court under the Hobbs Act, because drug dealers are treated as business entities. U.S. v. Moore, 01-3804, 363 F.3d 631, 2004 U.S. App. Lexis 6926 (7th Cir. 2004). {N/R}
    Former Baltimore City Police Commissioner pleads guilty to misusing more than $20,000 from an off-the-books police account to pay for liquor, lavish meals, hotel rooms and extramarital affairs. U.S. v. Edward Norris, (D.Md. 2004). {N/R}
     Appeals court reverses the conviction of a U.S. Capitol Police officer who created an anthrax "joke," leaving some powdered sweetener and a note on a desk. The appellate panel found that his false statement was not made during an investigation or review as specified in 18 U.S. Code § 1001(c)(2). U.S. v. Pickett, #03-3018, 353 F.3d 62, 2004 U.S. App. Lexis 263 (D.C. Cir. 2004). {N/R}
     Ohio appeals court affirms the conviction of a police chief that inadvertently shot the windshield of his car, and in attempt to cover it up, he faked a story that an escaped man had shot the windshield; he also forged employee payroll checks and kept a portion of the funds for himself. State of Ohio v. Sommer, #02COA046, 154 Ohio App. 3d 421, 2003 Ohio 5022, 797 N.E.2d 559, 2003 Ohio App. Lexis 4547 (2003). [2003 FP Feb]
     Sixth Circuit upholds a federal criminal indictment that a local fire chief violated the federal arson statute when he allegedly set fire to the firehouse. A town firehouse, containing equipment manufactured outside the state, affected interstate commerce. U.S. v. Laton, #02-5185, 2003 U.S. App. Lexis 24770, 2003 FED App. 0437P (6th Cir. 2003). {N/R}
     Failing to go to work is not an inherently criminal act and it only is the failure to do so with the intent to obtain a benefit or to harm or defraud another person or entity which raises such an act to a criminal level. An appellate court in Texas has declined to hold that a three-day failure to go to work rose to the level of an abuse of official capacity by a police officer. Texas v. Campbell, #12-99-00335-CR, 113 S.W.3d 9 (2000). {N/R}
     Michigan appellate court upholds a criminal conviction of a police officer that beat a prisoner in the stationhouse. Peo. v. Milton, #234080, 257 Mich. App. 467, 668 N.W.2d 387, 2003 Mich. App. Lexis 1650 (2003). {N/R}
     A former sheriff's deputy was sentenced to life in prison for helping plot the assassination of the incumbent sheriff, who was killed by a sniper at a campaign rally. Comm.of Ky. v. Morris, (Pulaski Co., Ky. 2003). {N/R}
     Utah police officer sentenced to a year in jail for bigamy and underage sex with a 16-year old girl he took as a third wife. The Fundamentalist Mormon officer's certification was revoked by the P.O.S.T. Recently the state legislature amended the Criminal Code by making child bigamy a second degree felony with a 1 to 15 year term of imprisonment; Utah Code Anno. 76-7-101.5. State v. Holm, (5th Dist. Ct. Washington Co. 2003). {N/R}
     Ninth Circuit affirms an order that a public official, who pled guilty to accepting a bribe under 18 U.S. Code §666, must pay restitution to the city in the amount of bribe money received. U.S. v. Gaytan, #02-50377, 2003 U.S. App. Lexis 18403 (9th Cir. 2003). {N/R}
     Eighth Circuit holds that in federal bribery prosecutions, the government does not have to prove a connection between the conduct and the federal funds. 8 U.S. Code §666(a)(2) makes it a federal offense to bribe employees or officials of state and local governments that receive federal funds. U.S. v. Sabri, #02-1561, 326 F.3d 937, 2003 U.S. App. Lexis 6513 (8th Cir. 2003). {N/R}
     Sheriff's firearms instructor sentenced to 16 months in federal prison for stealing ammunition. 50,000 rounds found in his home. U.S. v. Miedzianowski, #1:98cr00923 (N.D. Ill. 2003). {N/R}
     The LA Times has reported that, in the last two years, 96 LAPD officers who were accused of wrongdoing have escaped possible criminal prosecution because investigators waited until the statute of limitations had run before submitting the cases to the D.A.'s office. (May 19, 2003). {N/R}
     News reporter convicted of trespass when he went to the front door of a former police officer's home seeking to interview him; he entered through an unlocked gate that had a "no trespassing" sign. Arizona v. Wells, Chandler (Ariz.) Municipal Court (2003). {N/R}
     Suburban Cleveland police officer, moonlighting as a store detective, is convicted of involuntary manslaughter. During a struggle, he crushed the skull of a shoplifter. State of Ohio v. Jameel Talley, Cuyahoga Co. Common Pleas Court; rptd. in the Cleveland Plain Dealer (5/14/2003). {N/R}
     Ninth Circuit affirms the criminal contempt conviction of a researcher who violated a protective order when he gave copies of 79 LAPD files to TV journalists, exposing efforts by officials to shield officers from domestic violence prosecutions. Supreme Court denies review. Mullally v. City of Los Angeles, #01-55620, 49 Fed. Appx. 190, 2002 U.S. App. Lexis 22535 (Unpub. 9th Cir. 2002) Cert. denied, 2003 U.S. Lexis 3025 (2003). [2003 FP Jul]
     Federal appeals court affirms the conviction of a police K9 officer for misusing her dog to attack a suspect. Officer was sentenced to 120 months imprisonment. U.S. v. Mohr, #01-5002, 318 F.3d 613, 2003 U.S. App. Lexis 1783 (4th Cir. 2003). {N/R}
      Former St. Tammany Parish, Louisiana, deputy sheriff who failed to serve approximately 300 legal processes, is charged with official malfeasance and 24 counts of injuring public records. State of Louisiana v. Kenneth R. Meyers, (22nd Judicial Dist. Ct. 2003). {N/R}
     U.S. Capitol Police officer who was convicted for creating an anthrax "joke," leaving some powdered sweetener and a note on a desk, has been sentenced to two years of probation and 200 hours of community service. He also faces termination proceedings. U.S. v. James J. Pickett, # 02-CR-14 (Sentencing, D.D.C. 2003). {N/R}
    A Nevada criminal law, making it an offense to knowingly make a false allegation of misconduct against a peace officer, is declared unconstitutional by a federal court. Eakins v. State of Nevada, 219 F.Supp.2d 1113, 2002 U.S. Dist. Lexis 16405 (D. Nev. 2002). {N/R}
     A California Penal Code section that punishes knowingly making a false complaint against a police officer does not violate the First Amendment, and is constitutional even though false complaints against other public officials are not crimes. People v. Stanistreet, #S102722, 29 Cal.4th 497, 58 P.3d 465, 127 Cal.Rptr.2d 633, 2002 Cal. Lexis 8287 (Cal. 2002). {N/R}      U.S. Capitol Police officer is convicted for creating an anthrax "joke." He left some powdered sweetener and a note on a desk; Justice Dept. enforces a zero tolerance policy.. U.S. v. James J. Pickett, # 02-CR-14 (D.D.C. 2002). [2003 FP Feb]
     Federal appeals court allows an officer's testimony in a prior civil lawsuit to be used against her in a criminal prosecution. Her failure to claim the Fifth Amendment privilege at the civil trial was critical. U.S. v. Vangates, #01-12967, 287 F.3d 1315, 2002 U.S. App. Lexis 6433 (11th Cir. 2002). [2002 FP Nov]
     California appellate court holds that a youth, who drew a painting of himself shooting a particular Chico Police officer, was protected speech, overturning a conviction for making a criminal threat. In re Ryan D., #C035092, 123 Cal.Rptr.2d 193, 2002 Cal. App. Lexis 4453 (Cal. App. 3d Dist. 2002). [2002 Oct. FP]
     SWAT member indicted for killing another officer during a training simulation. State v. Warzycha, Providence Co. Super. Ct. (Indictment, 2002). [2002 FP Jul]
     Four of six former police officers in Alabama have pled guilty to racketeering, extortion, and possession of crack cocaine. Officers took money from detained suspects and kept it, rather than initiate forfeiture proceedings. U.S. v. Stallworth et al (S.D. Ala. 2002). DoJ Press Release CR 02-005. [N/R]
       A police chief was properly convicted of malfeasance for allegedly planting white powder in vehicle's trunk and assisting in preparation of a false report. State v. Carpenter, 772 So.2d 200, 2000 La. App. Lexis 2549 (La.App.). {N/R}
     Federal court sentences NYPD officers in the Louima toilet-plunger torture case. U.S. v. Bruder; U.S. v. Schwarz; U.S. v. Wiese, #98-CR-196, 103 F.Supp.2d 155, 2000 U.S. Dist. Lexis 9382 (E.D.N.Y.). [2000 FP 163]
     In an earlier Louima ruling, the court held that the jury properly convicted officers of torture. U.S. v. Schwartz, 62 F.Supp.2d 887, 1999 U.S. Dist. Lexis 12110 (E.D.N.Y.). [2000 FP 21]
     Supreme Court holds that the constitution prevents the government from compelling the production of unknown documents and then using them against the same person in a criminal proceeding. U.S. v. Hubbell, #99-166, 2000 U.S. Lexis 3768. [2000 FP 117]
     Federal appeals court convicts St. Louis police officers, moonlighting as security personnel, for falsifying their time cards. Time cards, although hearsay, are admissible as business records. U.S. v. Turner, 189 F.3d 712, 1999 U.S. App. Lexis 18747 (8th Cir.). [2000 FP 21]
     Public employee's use of county's fax machine and a secretaries' typing, valued at less than $100, to carry out his personal business, supported a criminal conviction for theft of services. State v. Pearson, 985 P.2d 919, 1999 Utah App. Lexis 101. [2000 FP 21]
     It was unnecessary for prosecutors to prove that sheriff's employees showed favoritism in work-release facility because of gifts from inmates. People v. Coutu. 599 N.W.2d 556 (Mich.App. 1999). {N/R}
     New York's highest court upholds the conviction of a police officer who participated in a scheme to cheat on a promotional exam, then lied about it under oath. People v. James, #92, 93 N.Y.2d 620, 717 N.E.2d 1052, 1999 N.Y. Lexis 1433. {N/R}
     For "misconduct in office" charges, a deputy sheriff is a "public official." People v. Carlin, 607 N.W.2d 733 (Mich. App. 2000). {N/R}
     A police officer who allegedly arranged the murder of a person who complained about him to the internal affairs div. was properly convicted of a federal criminal civil rights violation. U.S. v. Causey, 185 F.3d 407 (5th Cir.) {N/R}
     California Atty. Gen. rules that a convicted felon can serve as a fire chief. Atty. Gen. Opin. #99-320, 99 Cal.Dly.Opin.Serv. 6224. [1999 FP 147]
     Federal court dismisses state criminal charges against FBI agent arising out of the Ruby Ridge shooting; federal supremacy clause cited. Idaho v. Horiuchi, #CR 97-097-N-EJL, 1998 U.S. Dist. Lexis 7667 (D. Ida.). [1998 FP 83-4]
     Deputy sheriff was properly convicted of aiding and violating a statute prohibiting jail inmates from engaging in oral copulation. People v. Fraize, 43 Cal.Rptr.2d 64 (App. 1995). [1996 FP 52]
     Justice Dept. indicts four Virgin Islands police officers for criminal conspiracy to violate the civil rights of a homeless man. The officers allegedly beat him and then poured alcohol on his shirt and set it afire. U.S. v. Brooks, Hodge, Richardson & Velazquez (D.V.I. 1995). DoJ Rel. 95-036-CR. {N/R}
     Ninth Circuit upholds a federal conviction of a state employee for extortion. Ninth joins three other circuits that have applied the Hobbs Act to a public employee not holding an elective or appointive office. United States v. Freeman, 6 F.3d 586 (9th Cir. 1993). [1994 FP 37]
     U.S. District Court upholds federal fraud indictments of civil service officials who allegedly tampered with police entrance test results. United States v. Thomas, 686 F.Supp. 1078 (M.D. Pa. 1988).
     Miranda warnings, when required. United States v. Mueller, 510 F.2d 1116 (5th Cir. 1975).
     New Jersey Court upholds indictment of police officer who required female inmate to strip, without sufficient cause. State v. Stevens, 203 N.J. Super. 59, 495 A.2d 910 (N.J. Super.).