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 David Reutter:

• Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
• Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
• Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
• Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
• Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
• Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
• Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
• Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
• Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026

More from these topics:

• Tenth Circuit Announces Valid Checks Alone Insufficient for § 1344(2) Bank Fraud, Holding Alleged Failure to Disclose Plausible Defense Warrants § 2255 Hearing, Oct. 1, 2026. Tax Law, Bank Fraud/Robbery/Theft, Strickland Standard, Failure to Address/Advise Defendant, Misleading Advice/Statements to Defendant.
• Louisiana Supreme Court Announces Strickland Governs Collateral Claims That Defense Counsel Prevented Defendant From Testifying, May 1, 2026. Fourteenth Amendment, rights, Strickland Standard, Failure to Address/Advise Defendant, Grounds for Relief, Right to Testify/Remain Silent.
• Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
• Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026. Deportation/Removal/Exclusion, Failure to Address/Advise Defendant, Collateral and Direct Consequences, Consequences of Plea, Grounds For Withdrawal.
• California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea, Oct. 15, 2025. Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made.
• First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024. Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made.
• California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, Jan. 15, 2022. Consequences of Plea, Immigration Law/Offenses.
• New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, Aug. 15, 2021. Consequences of Plea.
• Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, Nov. 15, 2020. Failure to Address/Advise Defendant.