More from this issue:

1. Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
2. Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
3. Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
4. California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
5. Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
6. Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
7. Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
8. What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
9. New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
10. Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
11. Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
12. AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
13. Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
14. New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
15. Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
16. California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
17. 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, by Anthony Accurso
18. Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
19. Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
20. Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
21. One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
22. Police Bodycams: If You Film It …, by Michael Thompson
23. The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
24. Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
25. ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
26. New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
27. FBI’s Bias for Keywords, by Carlo Difundo
28. Potential Dangers of Medical Monitors, by Michael Thompson
29. Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
30. Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
31. News in Brief
32. ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, by Douglas Ankney

More from Douglas Ankney:

• The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
• Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
• California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
• Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
• Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
• 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
• Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
• Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026

More from these topics:

• Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
• Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
• Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
• Michigan Supreme Court Announces Betts Decision Invalidating 2011 SORA as Ex Post Facto Punishment Applies Retroactively to Defendants on Collateral Review, July 1, 2026. Sex Offender Registration, Retroactivity, Ex Post Facto, Constitution, state, Constitutional Challenges/Law.
• U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
• First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
• Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
• Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
• U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
• Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.