Archive: 2024
April
- Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence
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Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
(p 49) -
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?
(p 1) -
Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret
(p 11) -
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment
(p 12) -
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character
(p 14) -
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis
(p 16) -
Pharmacies Are Giving Your Prescription Data to Police Without a Warrant
(p 17) -
What Happens When Prosecutors Offer Opposing Versions of the Truth?
(p 21) -
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
(p 24) -
Research Shows It Makes Sense to Hire Individuals with Criminal Records
(p 25) -
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
(p 26) -
AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique
(p 27) -
Does the Fourth Amendment Protect Cellphones at the Border?
(p 28) -
New York Governor Signs Law Sealing Millions of Criminal Records From Public View
(p 30) -
Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial
(p 31) -
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data
(p 33) -
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
(p 34) -
Tracking Your Cellphone Might Be Easier Than You Think
(p 35) -
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
(p 36) -
Time Served Under the First Step Act: Reduction, Not Revolution
(p 37) -
One Year of New Orleans Police Department Facial Recognition Data
(p 39) -
Police Bodycams: If You Film It …
(p 40) -
The FBI’s Rapidly Expanding DNA Database
(p 41) -
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners
(p 42) -
‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole
(p 44) -
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error
(p 45) -
Potential Dangers of Medical Monitors
(p 46) -
FBI’s Bias for Keywords
(p 46) -
Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction
(p 47) -
Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights
(p 48) -
‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice
(p 50) -
News in Brief
(p 50)
March
-
Understanding Fusion Centers
(p 1) -
LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment
(p 11) -
Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts
(p 11) -
Lung Float Test: Junk Science Used to Convict Women of Murder
(p 12) -
Watchlisted: You’re Probably Already on a Government Extremism List
(p 14) -
Studying Ant Bites on Cadavers May Advance Criminal Investigations
(p 16) -
Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement
(p 17) -
Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel
(p 18) -
Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term
(p 19) -
Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant
(p 20) -
Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis
(p 21) -
The Supreme Court’s Forensic Follies
(p 22) -
Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment
(p 23) -
Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries
(p 24) -
Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive
(p 28) -
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6
(p 28) -
Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses
(p 29) -
New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations
(p 30) -
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made
(p 31) -
The Potential for Soil Dust Analysis in Forensics
(p 33) -
First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’
(p 33) -
Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period
(p 35) -
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483
(p 36) -
‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms
(p 37) -
Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed
(p 38) -
Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial
(p 38) -
New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation
(p 40) -
Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes
(p 43) -
Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain
(p 43) -
Suspicion of Government Surveillance Increasing
(p 44) -
FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality
(p 44) -
Cops’ Sky-High Hopes
(p 45) -
DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers
(p 46) -
A Legal Argument Against Government Purchase of Location Data
(p 48) -
North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle
(p 49) -
Cops Just Love Secret Metadata Collection
(p 50) -
News in Brief
(p 50)
February
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Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator
(p 1) -
Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception
(p 13) -
Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible
(p 14) -
Tales From the ‘Tails’ of Bloodstains
(p 15) -
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location
(p 16) -
New Night-Vision Capable Drone Marketed to Police
(p 17) -
Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’
(p 18) -
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby
(p 20) -
NYPD Has Spent Millions of Dollars on Social Media Analysis Tools
(p 21) -
New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law
(p 22) -
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents
(p 24) -
FBI Works to Expand Court Authority for Its Offensive Cyber Operations
(p 26) -
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
(p 26) -
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed
(p 28) -
Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting
(p 29) -
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing
(p 30) -
The Problem with Some Non-Carceral Punishments
(p 31) -
Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners
(p 32) -
Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought
(p 33) -
Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments
(p 34) -
After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next?
(p 35) -
DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations
(p 35) -
Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search
(p 36) -
DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests
(p 37) -
Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy
(p 37) -
New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively
(p 38) -
The Potential Privacy Threat of Generative AI
(p 39) -
Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply
(p 40) -
Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective
(p 40) -
Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment
(p 41) -
Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process
(p 43) -
Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment
(p 44) -
Steady Improvement in Techniques for the Analysis of Degraded DNA
(p 45) -
Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial
(p 46) -
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended
(p 47) -
Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror
(p 48) -
Identification Via DNA, Fingerprints, and 3D Scanning of Footwear
(p 49) -
Vendors Late to Recognize the Serious Threat of Cell-Site Simulators
(p 49) -
Car Culture Dramatically Increases Number of Cop Confrontations
(p 50) -
News in Brief
(p 50)
January
-
Federal Sentencing Guidelines Undergo Substantial Amendments
(p 1) -
California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague
(p 12) -
FBI Access to FISA Database Includes Some Accountability
(p 13) -
DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture
(p 14) -
Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State
(p 15) -
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys
(p 16) -
FBI Buys Software to Enslave Your Phone
(p 22) -
West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges
(p 22) -
The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules
(p 24) -
House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI
(p 25) -
Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea
(p 26) -
Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs
(p 27) -
Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment
(p 28) -
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence
(p 30) -
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand
(p 32) -
Human DNA Retrieved From Dogs Might Provide Evidence
(p 33) -
Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal
(p 34) -
Police Requests to Google Replacing Old Fashioned Detective Work
(p 35) -
One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines
(p 36) -
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91
(p 36) -
California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death
(p 37) -
New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both
(p 38) -
FBI Lost Count of Its Snitches at Capitol on January 6, 2021
(p 39) -
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence
(p 40) -
Jesse Johnson: 194th Person Exonerated While on Death Row
(p 41) -
Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson
(p 42) -
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements
(p 44) -
NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them
(p 45) -
Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split
(p 46) -
California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication
(p 47) -
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL
(p 48) -
News in Brief
(p 50) -
Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions
(p 50)