by Douglas Ankney
In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion a remedy after a panel has concluded that a district court has erred in determining the admissibility of expert ...
by Douglas Ankney
The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within 25 seconds and then forced entry.
At 6:15 a.m. on September 4, 2015, officers from the Honolulu Police Department (“HPD”) executed a search ...
by Douglas Ankney
The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the Massachusetts Declaration of Rights.
Shortly after an undercover officer made a controlled drug purchase from Nelson Mora, investigators installed pole cameras (a ...
by Douglas Ankney
The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX OFFENDER.”
The State charged Tazin Ardell Hill with altering an official identification card to conceal his designation as a ...
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District Court for the Western District of Texas that barred Carlos Saul Becerra from using the Internet, computers, and other electronic devices for a period of ...
by Douglas Ankney
Legal Aid Chicago and Chapman and Cutler LLP launched a web application to help expedite the process of clearing criminal records of offenses that are eligible for expungement and sealing.
The Legal Aid Chicago Criminal Records Relief Petitions App (“App”) was built by Chapman’s practice innovations team ...
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit held that a probation officer’s warrantless search of a probationer’s cellphone was unreasonable where the probation officer did not have reasonable suspicion to justify the search.
Jason Fletcher was sentenced to five years’ probation after being convicted of ...
by Douglas Ankney
The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of criminal activity requires less: ‘reasonable suspicion that the driver or occupants of the vehicle have ...
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit held that a defendant asking a single objectionable question, without more, was insufficient reason to justify the U.S. District Court for the District of Nevada’s termination of the defendant’s right to represent himself at trial.
Todd C. Engel ...
by Douglas Ankney
The Supreme Court of Georgia affirmed that the common-law right to resist an unlawful arrest continues to be the law in Georgia and announced that the right includes the right to use proportionate force against government property to escape from an unlawful detention following the arrest.
Christopher ...
