Author Archives: momunicipallaw

Search Warrant Required To Track Suspect Using Cell Phone/Tower Technology

In a landmark decision the United States Supreme Court held that the Fourth Amendment, prohibiting unreasonable searches, required a search warrant by the government to obtain historical cell phone tower records.This may be the most important case of the 2017 … Continue reading

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Sanctuary Cities – Federal Government Does Not Have Authority To Condition Grants To State And Local Government Based On Compliance With Federal Sanctuary City Policies

Two recent cases solidify the principle that state and local government play a large role in our federal system and that there are limits on how far the federal government can go in directing states and local governments to follow … Continue reading

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Pay Plan That Uses Prior Pay For Starting Pay Discriminates Against Women Under The Equal Pay Act

Judge Reinhardt, of the Ninth Circuit, starts his opinion in Rizo v. Yovino, with a roar. The Equal Pay Act stands for a principle as simple as it is just: men and women should receive equal pay for equal work … Continue reading

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Does Title VII of the Civil Rights Act Prohibit Employment Discrimination Based on Sexual Orientation?

A gay couple married. The next day when they reported to work they were fired because they were gay. They had a constitutional right to get married  but no protection from  employment discrimination  based on  their sexual  preference. Sounds widely … Continue reading

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Search Warrant Not Required to Search Abandoned Cell Phone

Both the United States and Missouri Supreme Courts require a search warrant for a police officer to search a cell phone, except in certain circumstance. One well-recognized exception to this rule is exigent circumstances, defined as “whether the facts… would lead … Continue reading

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High Speed Police Chase Highlights The Need For Risk Management Training

Risk Management Municipal officials are charged with setting policy for local governmental operations ranging from highly complex situations, like training  for the high-speed chase described below, that resulted in serious injury to an innocent person that cost the Kansas City … Continue reading

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No Constitutional Right To Grow Marijuana

St. Louis City police detectives went to Shanklin’s residence after a “utility inquiry” showed excessive electricity use, consistent with marijuana cultivation. The police discovered more than 300 live marijuana plants, several hundred grams of packaged marijuana, a mesh dryer, and … Continue reading

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Sex Stereotyping Is Gender Discrimination

In the last two years, the Court of Appeals for the Western District of Missouri (Western District) has decided three significant cases, all interrelated, dealing with gender discrimination, gender identity and sex stereotyping. The latest, decided by the Western District … Continue reading

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Eastern District Issues Landmark Decision Upholding The Power Of Home Rule Cities To Tax Without A Grant From General Assembly

The opinion in Neuner v City of St. Louis is one for the ages.  It is the most significant opinion, with respect to constitutional home rule powers, since the adoption of the 1971 amendmenOnt to the Missouri Constitution granting constitutional … Continue reading

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Eighth Circuit Upholds Minnesota Law Prohibiting Robocalls

It is hard to find anything more annoying or despised than robocalls. Recently the Eighth Circuit in Gresham v. Swanson, upheld a Minnesota law prohibiting robocalls against a free speech challenge.  The Petitioner in the Minnesota case sought a preliminary … Continue reading

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