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 Anthony Accurso:

• The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
• Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
• $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
• Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
• America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
• Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
• Protecting Your Digital Privacy, Oct. 15, 2025
• Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
• Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
• Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025

More from these topics:

• Ninth Circuit Refuses to Stay Injunction in Detainees’ Challenge to Conditions at California ICE Lockup, Oct. 1, 2026. GEO Group/Wackenhut, Sanitation, Injunctions, Fifth Amendment, Immigration Detention.
• Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026. Constitution, state, After Request for Counsel, Police Interrogations, Custodial Interrogations, Invocation of Rights.
• 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. Different Judge, Statement of Reasons, Plain Error, Reasonableness of Sentence, Self-Incrimination Clause.
• Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026. Self-Incrimination Clause, Plain/Harmless Error, Right to Testify/Remain Silent.
• Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026. Forensic Sciences, Searches - Cellphones/Computers/Internet, Statutory Construction/Interpretation, Failure to Consult/Investigate/Raise, Relevance.
• 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.
• Pennsylvania Supreme Court Announces Calling Known Recalcitrant Witness Before Jury Constitutes Reversible Error and Prosecutorial Misconduct Regardless of Whether Witness Expressly Invokes Fifth Amendment Privilege, Qualifying Contrary Precedent, June 1, 2026. Confrontation Clause/Rights, Prosecutorial Misconduct, Witnesses - Examination of, Self-Incrimination Clause, Plain/Harmless Error.
• D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026. Transfers, Control Units/SHU/Solitary Confinement, Fifth Amendment, Bureau of Prisons (BOP), Prison Classification.
• Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks, April 1, 2026. Searches - Cellphones/Computers/Internet, Warrantless Searches, Electronic Surveillance, State Constitutional Claims, Suppression.
• Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026. Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility.