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Reining in Police Monitoring of Social Media
Loaded on Feb. 15, 2025
by Michael Thompson
published in Criminal Legal News
March, 2025, page 32
Filed under:
Police State-Surveillance,
Electronic Surveillance,
Racial/Ethnic Bias/Profiling,
Social Media,
Racial Bias Exception.
Location:
United States of America.
by Michael Dean Thompson
Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is therefore no surprise that law enforcement wants to …
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More from this issue:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, by James Mills, Douglas Ankney
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, by Sam Rutherford
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, by Anthony Accurso
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, by John W. Whitehead, Nisha Whitehead
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, by David Reutter
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, by Sam Rutherford
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, by Casey Bastian
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, by Anthony Accurso
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, by Douglas Ankney
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, by Sam Rutherford
- Reining in Police Monitoring of Social Media, by Michael Thompson
- Study: DNA Transfer in Social Settings, by Michael Thompson
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, by Sam Rutherford
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, by David Reutter
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, by Sam Rutherford
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, by Anthony Accurso
- Police Departments Are Now Using AI to Write Reports, by Anthony Accurso
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, by Sam Rutherford
- Law Enforcement Obscures Use of Facial Recognition Technology, by Sam Rutherford
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, by David Reutter
- News in Brief
- Study Reveals Best DNA Recovery Spots on Drug Baggies, by James Mills
More from Michael Thompson:
- Law Restoring Voting Rights to Some People with Felonies Takes Effect in Missouri, Oct. 1, 2026
- Widespread Abuse Uncovered at Network of Youth Prisons, Oct. 1, 2026
- Prison Policy Initiative Report Finds Prison Policies Ignore Menopause Behind Bars, Oct. 1, 2026
- Colorado Grants, Then Revokes Earned Time Credits, Oct. 1, 2026
- Prison Policy Initiative Report Finds Significant Health Outcomes from Past Incarceration, Oct. 1, 2026
- Nevada Reentry Nonprofit CEO Arrested for Sexual Assault, Oct. 1, 2026
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, Oct. 1, 2026
- Healthcare Still Lacking at Baltimore Jail Decades After Settlement, Oct. 1, 2026
- Kentucky Department of Corrections Restricts Tablet Access, Oct. 1, 2026
- North Carolina’s “Iryna’s Law” Leads to Jail Overcrowding, Sept. 1, 2026
More from these topics:
- California’s Use of Jailhouse Stings Comes Under Scrutiny, Sept. 1, 2026. Racial/Ethnic Bias/Profiling, False Confessions, After Request for Counsel, Coercive Interrogations, Confessions - Coerced.
- 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.
- SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026. Particularity Requirement, Probable Cause, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- 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.
- The Constitution for Sale: FBI Confirms Resumption of Data Broker Dragnets, June 1, 2026. Fourth Amendment, rights, Warrantless Searches, Cell-Phone Location/Tracking Data, Electronic Surveillance, Privacy Act/Rights.
- Ninth Circuit Announces Remmer Presumption of Prejudice Governs When Racially Biased Juror Participates in Deliberations but Is Excused Before Trial Court Accepts Verdict, June 1, 2026. Bias/Discrimination, Impartial Jury, Juror Misconduct Issues, No-Impeachment Rule, Racial Bias Exception.
- Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, May 1, 2026. Fourteenth Amendment, rights, Electronic Surveillance, Privacy Act/Rights, Authentication/Identification, Evidence - Integrity/Reliability of.
- 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.
- 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.
- The “Free Trial” Police State, March 1, 2026. Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance, Privacy Act/Rights, Use of Drones.





