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Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop
by Anthony W. Accurso
Supreme Court of Kentucky upheld the decision of a trial court that found a single officer asking questions of the defendant in a public area amounted to an unlawful seizure because the defendant had a history of being arrested by that particular officer so he reasonably ...
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More from this issue:
- The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions, by Anthony Accurso
- Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better, by Jacob Barrett
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda, by Richard Resch
- Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile, by Dale Chappell
- Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted, by Dale Chappell
- Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense, by Matthew Clarke
- Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release, by Matthew Clarke
- Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question, by Douglas Ankney
- United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement, by Casey Bastian
- I, Robot, Am The LAW!, by J.D. Schmidt
- Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man, by Douglas Ankney
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, by Richard Resch
- Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop, by Anthony Accurso
- Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child, by Matthew Clarke
- Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case, by Dale Chappell
- Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule, by Douglas Ankney
- Crushing Whistleblowers, by Jayson Hawkins
- California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations, by Douglas Ankney
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, by Matthew Clarke
- FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data, by Anthony Accurso
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, by Anthony Accurso
- Facbook Reminds Police, No Dummy Accounts for Surveillance, by Anthony Accurso
- Government Drones Compromise National Security, yet the NYPD Uses Them, by Ashleigh Dye
- LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals, by Douglas Ankney
- News in Brief
- Discredited Narcotics Unit Revamped as Firearms Unit, by Douglas Ankney
More from Anthony Accurso:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
More from these topics:
- Police Body Cameras, A Decade Later, May 15, 2024. Police Misconduct, Public Records Act, Police State-Surveillance, Police/Govt Misconduct.
- The Police Have a Dark Money Slush Fund, May 15, 2024. Contractor Misconduct, Police Misconduct, Commentary/Reviews, Police/Govt Misconduct.
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings, April 15, 2024. Police Misconduct, Recordings, Police/Govt Misconduct, Writings, Recordings & Photographs, Tape Recordings.
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
- Georgia Sheriff Resigns After Groping TV Judge’s Breast, April 1, 2024. Assault by Police, Police Misconduct, Police/Govt Misconduct.
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024. Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made.
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, March 15, 2024. Police Misconduct, Corrections Audits.
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, March 15, 2024. Police Misconduct, Commentary/Reviews, Police, Excessive Force (Police).
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, Feb. 15, 2024. Terry Stops, Pat Down Searches, No Suspicion of a Crime, Suspicionless Searches, Anonymous 911 Call.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.