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Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications

Loaded on Jan. 15, 2021 by Anthony Accurso published in Criminal Legal News February, 2021, page 24
Filed under: Cell-Phone Location/Tracking Data, Electronic Surveillance. Location: Michigan.

by Anthony Accurso

On Election Night, November 3, 2020, Michigan voters approved a ballot measure amending the state constitution to add electronic data and communications to the category of items protected from unreasonable searches and seizures.

After all the wrangling over the Office of the President and control of Congress ...

 

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  1. Staggering Injustice, by Derek Gilna
  2. Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
  3. Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
  4. Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
  5. Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
  6. Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
  7. First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
  8. Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
  9. California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
  10. Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
  11. Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
  12. New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
  13. Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
  14. Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
  15. Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
  16. Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
  17. Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
  18. Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
  19. Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
  20. Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
  21. SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
  22. Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
  23. New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
  24. Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
  25. Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
  26. Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
  27. Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
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  32. Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
  33. When a Hung Jury Is Enough, by Jayson Hawkins
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  39. Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
  40. Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
  41. How Arkansas Criminalizes Poverty, by Jayson Hawkins
  42. California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
  43. Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
  44. NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
  45. Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, by Douglas Ankney
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  47. News in Brief
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