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Articles by Douglas Ankney

Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Colorado’s denial of Hunter Trey Venezia’s motion to suppress because the Government’s reliance upon the community-caretaking exception to the warrant requirement was based upon an unreasonable community-caretaking rationale.

Officers ...

Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year

The law of the land is that the “search incident to arrest” exception to the warrant requirement does not apply to the contents of a cellphone. But what about seizures of cellphones? Has the rule become, “I can take your phone because I’m a cop?”

Police officers ...

SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home

A unanimous Supreme Court of the United States (“SCOTUS”) held that the “community caretaking” function of police announced in Cady v. Dombrowski, 413 U.S. 433 (1973), which permits police to search an impounded vehicle without a warrant, does not create a standalone exception to the warrant ...

Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers

The U.S. Court of Appeals for the Fourth Circuit extended the holding in Arizona v. Gant, 556 U.S. 332 (2009) (vehicle may be searched incident to arrest without a warrant if police reasonably believe that the arrestee “could have accessed his car at the time of ...

Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes

The Supreme Court of Texas held that under Article 55.01(a)(2)(A) of the Texas Code of Criminal Procedure multiple misdemeanor offenses charged in a single arrest are eligible for expunction on an individual basis.

R.P.G.P. was arrested for a misdemeanor driving while intoxicated (“DWI”) offense. An inventory search ...

When Police Ignore Ordered Changes, Is It Really Reform?

While former Minneapolis police officer Derek Chauvin stood trial for the murder of George Floyd, police in Brooklyn Center, Minnesota, shot and killed 20-year-old Daunte Wright during a traffic stop. Protesters assembled outside Brooklyn Center’s police headquarters.

The crowd control tactics inflicted upon the protesters were of ...

Florida's Worst Cop was Just Fired, for the Seventh Time

by Doug Ankney

The city of Opa-Locka, Florida, recently terminated Police Sergeant German Bosque's employment for the seventh time. Once dubbed "Florida's Worst Cop," Bosque had worked with the Opa-Locka Police Department for 28 years and was fired seven times for violations ranging from excessive force, stealing from suspects, and ...

Study Reveals that Some Smartphone Breath Alcohol Testing Devices are Inaccurate and Suggests Need for Regulation

by Doug Ankney

According to a study from the Perelman School of Medicine at the University of Pennsylvania (“PENN”), testing of the accuracy of seven smartphone breath alcohol testing devices revealed each device underestimated Blood-Alcohol Concentration (“BAC”) by more than 0.01%. To assess these devices, researchers used 20 moderate drinkers ...

Imaging of Fingerprints Using Mass Spectrometry Enables Scientists to Distinguish Between Persons Who Touched Cocaine Versus Those Who Ingested Cocaine

by Doug Ankney

Melanie Bailey, a forensic scientist at the University of Surrey, revealed that by using a high-resolution mass spectrometry (“HRMS”) method to detect cocaine in fingerprints, she and her team can now distinguish between fingerprints left by persons who had ingested cocaine and fingerprints left by persons who ...

Connecticut Supreme Court: Use of Jailhouse Informant Violated Sixth Amendment Right to Counsel

 

 

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