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Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress
by Douglas Ankney
The Associated Press (“AP”) confirmed a Yahoo News report revealing that in 2017, Department of Homeland Security’s (“DHS”) Customs and Border Patrol (“CBP”) unit identified as the Counter Network Division used government databases designed for tracking terrorists to investigate as many as 20 U.S.-based journalists, …
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More from this issue:
- Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family, by David Reutter
- Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
- Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors, by Matthew Clarke
- Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome, by Mark Wilson
- Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise, by John W. Whitehead, Nisha Whitehead
- Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, by Douglas Ankney
- Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, by Mark Wilson
- Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality, by Casey Bastian
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, by Richard Resch
- California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53, by Mark Wilson
- California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied
- Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, by Douglas Ankney
- Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop, by Anthony Accurso
- California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4), by Matthew Clarke
- Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell, by Douglas Ankney
- Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, by Professor Douglas A. Berman
- Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, by Matthew Clarke
- Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing, by David Reutter
- Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home, by Anthony Accurso
- Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’, by David Reutter
- Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, by Douglas Ankney
- Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant, by Douglas Ankney
- Inflation Transforming Petty Offenses Into Felonies, by Douglas Ankney
- The War in Ukraine Raises Awareness About Secure Communications During a Crisis, by Douglas Ankney
- Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’, by David Reutter
- Your Data Is For Sale and Anonymization Is Meaningless, by Anthony Accurso
- NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability, by Douglas Ankney
- Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, by Anthony Accurso
- FBI’s ‘Rich Neighborhood’ Breach Practice, by Jayson Hawkins
- Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies, by Anthony Accurso
- Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules, by Casey Bastian
- Chicago PD Emphasizing Facial Recognition for Investigations, by Anthony Accurso
- Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress, by Douglas Ankney
- Illinois Limits Police Access to Data Stored by Third Parties, by Anthony Accurso
- Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers, by Douglas Ankney
- ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse, by Casey Bastian
- Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty, by David Reutter
- News in Brief
More from Douglas Ankney:
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
More from these topics:
- Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026. Fourth Amendment, rights, Police State-Surveillance, Electronic Surveillance, Federal Funds, Tainted Funds.
- Passive Data Transforms Smart Devices Into Covert Witnesses in a Silent Surveillance State, July 1, 2026. Forensic Sciences, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Electronic Surveillance, Exclusionary Rule.
- Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets, May 1, 2026. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- The “Free Trial” Police State, March 1, 2026. Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance, Privacy Act/Rights, Use of Drones.
- 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.
- Modern Drone Surveillance: The Fourth Amendment’s Blind Spot, Feb. 1, 2026. Police State-Surveillance, Use of Drones.
- Federal Funds Now Available for Police Drone Purchases, Jan. 1, 2026. Federal Legislation, Police State-Surveillance, Electronic Surveillance.
- 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.





