More from this issue:

1. How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
2. “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
3. Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
4. You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by John W. Whitehead, Nisha Whitehead
5. Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
6. Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
7. The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
8. New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
9. Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
10. Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
11. Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
12. Rethinking the ‘Sex Offender’ Label, by Derek Logue
13. North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment, by Anthony Accurso
14. California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
15. California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
16. Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
17. California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test, by Anthony Accurso
18. Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, by David Reutter
19. U.S. Sentencing Commission Creates New Sentencing Tool for Judges, by Dale Chappell
20. California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
21. Who Defends the Public Defenders?, by Jayson Hawkins
22. The Long-Term Effects of 9/11: Naturally, More Surveillance, by Jayson Hawkins
23. Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing, by Matthew Clarke
24. Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, by Douglas Ankney
25. Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, by Douglas Ankney
26. Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines, by Douglas Ankney
27. Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC, by Douglas Ankney
28. Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful, by Anthony Accurso
29. Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed, by Anthony Accurso
30. First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction, by Anthony Accurso
31. Unchecked Federal Use of Facial Recognition Tech, by Anthony Accurso
32. Is Orange County’s DNA Collection Scheme Really Voluntary?, by Jayson Hawkins
33. Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years, by Dale Chappell
34. Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial, by Douglas Ankney
35. Cop Gets Money for Nothing, Awards for Free, by Edward Lyon
36. Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota, by Douglas Ankney
37. Secret CBP Teams New DHS Weapon of Mass Surveillance, by Jayson Hawkins
38. Microbiome: The Latest in Cutting Edge Forensics, by Michael Fortino, Ph.D
39. Biden’s DOJ Targets Police Misconduct, by Dale Chappell
40. Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance, by Anthony Accurso
41. Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House, by Matthew Clarke
42. News in Brief
43. Marijuana Arrests Keep Dropping

More from Douglas Ankney:

• Barbaric and Deadly Conditions Continue to Plague Los Angeles County Jails, Feb. 1, 2026
• Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026
• Competency Crisis in Missouri’s Jails, Feb. 1, 2026
• Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated, Feb. 1, 2026
• Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026
• Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir, Feb. 1, 2026
• Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment, Feb. 1, 2026
• Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026
• Report on “Pay-­to-­Stay” Fees Makes Strong Case for Their Repeal, Jan. 1, 2026
• Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026

More from these topics:

• Most U.S. Prisoners Now Barred from Directly Receiving Physical Mail, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Censorship, Warrantless Searches, Electronic Surveillance.
• SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test, Feb. 1, 2026. Fourth Amendment, rights, Probable Cause, Exigent Circumstances, Warrantless Searches, Motions To Suppress.
• Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds, Feb. 1, 2026. Fourth Amendment, rights, Police State-Surveillance, Electronic Surveillance, Recordings, Privacy Act/Rights.
• How AI Integration Used by Law Enforcement Fails the Public, Feb. 1, 2026. Racial Discrimination, False Arrest, Police State-Surveillance, Electronic Surveillance, Evidence - Integrity/Reliability of.
• Federal Funds Now Available for Police Drone Purchases, Jan. 1, 2026. Federal Legislation, Police State-Surveillance, Electronic Surveillance.
• Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, Dec. 15, 2025. DNA Testing/Samples, Warrantless Searches, Good Faith Exception, Hearsay Evidence/Exceptions, Exclusionary Rule.
• Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police, Dec. 15, 2025. Contractor Misconduct, Government Misconduct, Protests, Police State-Surveillance, Electronic Surveillance.
• Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear, Dec. 15, 2025. junk science, Police State-Surveillance, Evidence - Integrity/Reliability of, Evidence - Failure to Disclose, Exculpatory Evidence - Disclosure Obligations.
• New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present, Nov. 15, 2025. Exigent Circumstances, Warrantless Searches, Automobile Exception, Exception to Warrant Requirement, State Constitutional Claims.
• ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters, Nov. 15, 2025. Protests, First Amendment, rights, Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance.