Opinions
Application of 18 U.S.C. § 205 to Proposed “Master Amici”
18 U.S.C. § 205 precludes attorneys in the executive branch from serving as “master amici” in the Court of Veterans Appeals.
Fourth Amendment Implications of Military Use of Forward Looking Infrared Radars Technology for Civilian Law Enforcement
Forward Looking Infrared Radars (FLIR) reconnaissance of structures on private lands does not constitute a search within the meaning of the Fourth Amendment.
Department of Defense personnel engaged in such surveillance would not be subject to liability for damages in a constitutional tort action.
Transfers of Forfeited Property to State and Local Law Enforcement Agencies
Section 981(e)(2) of title 18 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 981(e) to prevent such a further transfer by imposing a contrary term of condition on the initial transfer from the federal government.
Section 881(e) of title 21 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 881(e) to forbid a further transfer if he determines that to do so would “serve to encourage further cooperation between the recipient State or local agency and Federal law enforcement agencies.”
Issues Raised by Provisions Directing Issuance of Official or Diplomatic Passports
Section 129(e) of Pub. L. No. 102-138 and section 503 of Pub. L. No. 102-140 are unconstitutional to the extent that they purport to limit the President’s ability to issue more than one official or diplomatic passport to United States government personnel.
The single-passport requirements set forth in section 129(e) and section 503 are severable from the remainder of the statutes in which they appear.
The President is constitutionally authorized to decline to enforce the portions of section 129(e) and section 503 that purport to limit the issuance of official and diplomatic passports.
Recess Appointments During an Intrasession Recess
The President may make interim recess appointments during an intrasession recess of eighteen days.