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Articles by Richard Resch

Report: Bitemark Analysis Debunked as Pseudoscience

by Richard Resch

Unreliable bitemark identification evidence used in criminal cases has led to 31 exonerations, forensicmag.com reports.

“The unsupported comparison of such bite marks left in human skin during rapes, murders and other violent attacks should be totally thrown out of forensic science,” says the magazine, citing a scholarly ...

Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy

by Richard Resch

The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search wasn’t performed in accordance with an established departmental policy governing inventory searches and thus that exception to the warrant requirement is ...

Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence

by Richard Resch

The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of a man whose wife died of an apparent overdose on prescription medication where police had no reason to suspect that the home contained evidence of ...

Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So

by Richard Resch

The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of a bedroom inside a shared residence by obtaining the consent of a third party without first asking about the living arrangements within the residence. The specific question at issue had not ...

Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials

by Richard Resch

In its opinion issued on May 9, 2018, the U.S. Circuit Court of Appeals for the Second Circuit held that a prisoner has a First Amendment right not to serve as a prison informant. However, since that right was not clearly established at the time the prisoner was ...

Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief

by Richard Resch

The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued to interrogate him even after he clearly and repeatedly invoked his right to counsel, and the detective’s persistent unlawful badgering eventually ...

Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional

by Richard Resch

On October 11, 2018, the Supreme Court of Washington issued an opinion in which the Court struck down the state’s death penalty, announcing: “we hold that Washington’s death penalty is unconstitutional, as administered, because it is imposed in an arbitrary and racially biased manner.” The Court continued ...

Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant

by Richard Resch

The Supreme Court of Idaho held that prosecution of the defendant under a state statute that imposes a duty on anyone who discovers or has custody of a body to promptly notify authorities, based on the facts of this case, would violate the defendant’s Fifth Amendment privilege ...

Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment

by Richard Resch

The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required by the U.S. Supreme Court under its recent case law interpreting the Fourth Amendment.

On October 30, 2015, police pulled Bion ...

Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant

by Richard Resch

The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework utilized by lower state courts that differentiated between a third-party’s residence and that of the subject of an arrest warrant, which ...

 

 

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