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Articles by Richard Resch

Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie

by Richard Resch

Jake Laperruque of the Center for Democracy and Technology offered a blunt analogy in a March 2026 NPR interview. Imagine the police want to search your home but lack a warrant. Instead of going to a judge, they hand your landlord a hundred dollars for …

Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent

The Gold Standard That Isn’t

On the night of November 29, 2012, a group of men broke into a mansion in Monte Sereno, California, and killed its owner, Raveesh Kumra, a 66-year-old Silicon Valley investor. When the county crime lab processed evidence from the …

U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines

by Richard Resch

On April 16, 2026, the United States Sentencing Commission (“Commission”) voted to promulgate seven amendments to the U.S. Sentencing Guidelines (“Guidelines”), all having a proposed effective date of November 1, 2026. These amendments span drug offenses, inflationary adjustments to monetary tables, a major overhaul of …

SCOTUS Announces Sentencing Disparities Created by Nonretroactive Statutory Amendments Cannot Constitute Extraordinary and Compelling Reasons for Compassionate Release

by Richard Resch

Resolving a circuit split, the Supreme Court of the United States held that when Congress declines to make a sentencing amendment retroactive, the resulting disparity between old and new sentences cannot serve as an “extraordinary and compelling” reason warranting a sentence reduction under 18 U.S.C. …

Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets

by Richard Resch

In December 2023, Google announced that Location History would be migrated from its servers to users’ devices, a change that would effectively end the company’s role as the principal recipient of law-enforcement demands for mass location data and render obsolete the centralized database (known internally …

Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions

by Richard Resch

Six years after Congress passed the First Step Act with rare bipartisan enthusiasm, the federal government’s own data offer a mixed picture of progress. The Bureau of Justice Statistics’ (“BJS”) March 2026 report, covering calendar year 2024, provides the most comprehensive look yet at who …

Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment

by Richard Resch

The Supreme Court of Pennsylvania held that a mandatory sentence of life imprisonment without the possibility of parole for all individuals convicted of second-degree murder (felony murder) violates Article I, Section 13 of the Pennsylvania Constitution’s prohibition against cruel punishments. The Court determined that Pennsylvania’s …

SCOTUS Unanimously Announces Heck Does Not Bar §1983 Suits Seeking Purely Prospective Relief, Resolving Circuit Split Over Whether a Prior Conviction Precludes a Forward-Looking Constitutional Challenge to the Statute of Conviction

by Richard Resch

The Supreme Court of the United States unanimously held that a plaintiff previously convicted of violating a city ordinance may proceed with a 42 U.S.C. § 1983 suit seeking only forward-looking relief – specifically, a declaration that the ordinance violates the First Amendment and an …

SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test

by Richard Resch

Resolving a Circuit split, the Supreme Court of the United States unanimously held that police officers may enter a home without a warrant to render emergency aid when they possess “an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened …

Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum

by Richard Resch

The Supreme Judicial Court of Massachusetts held that the sequential prosecution rule articulated in Commonwealth v. Resende, 52 N.E.3d 1016 (Mass. 2016), constitutes binding precedent rather than obiter dictum. The Court reasoned that the Resende Court’s interpretation of “arising from separate incidences” as requiring separate, …

 

 

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