Skip navigation
CLN bookstore

Criminal Legal News: May, 2025

Issue PDF
Volume 8, Number 5

In this issue:

  1. Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws (p 1)
  2. Warrantless Device Inspections Surge at the U.S. Border (p 15)
  3. Welcome to 2025: Where Your Freedoms Go to Die (p 19)
  4. Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti (p 21)
  5. ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps (p 22)
  6. Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant (p 24)
  7. A Black Box, a Guilty Plea, and an Uncertain Truth (p 25)
  8. Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can (p 26)
  9. Third-Hand Meth Contamination in Cars Poses Hidden Danger to Buyers and Renters (p 31)
  10. Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers (p 31)
  11. AI Identifies Sex From Skulls Faster and More Accurately Than Experts (p 32)
  12. Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely (p 32)
  13. Crowdsourcing a Map to Track License Plate Surveillance (p 33)
  14. Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals (p 34)
  15. Treasury Lowers Cash Reporting Threshold to $200 for Southwest Border Counties (p 35)
  16. NYPD Responds to 911 Calls with Drones (p 36)
  17. Connecticut Compensates Exonerated Prisoners, Reforms Policing (p 36)
  18. Younger Generations Lead Decline in U.S. Support for Death Penalty (p 37)
  19. D.C. Police Continue Heavy Investment in Social Media Monitoring (p 38)
  20. Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization (p 39)
  21. Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1 (p 40)
  22. Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System (p 41)
  23. Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies (p 43)
  24. The FBI’s Encrypted Phone Sting (p 45)
  25. Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege (p 46)
  26. Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises (p 48)
  27. News in Brief (p 49)

Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws

by Douglas Ankney

In March 2004, four commuter trains in Madrid, Spain, were bombed. Spain’s National Police recovered a blue plastic bag filled with detonators and traces of explosives. Forensic experts used the standard practice of fumigating the bag with vaporized superglue and staining it with fluorescent dye to reveal ...

Warrantless Device Inspections Surge at the U.S. Border

by David Kim

Travelers entering the United States are facing intensifying scrutiny—not just of their luggage but of their smartphones, laptops, and other digital devices—as border agents increasingly conduct warrantless searches, sometimes copying personal data for further analysis. Civil liberties groups and legal experts argue these practices erode constitutional privacy ...

Welcome to 2025: Where Your Freedoms Go to Die

“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.”

—Montesquieu, Enlightenment philosopher

Wondering what to expect from the government in 2025?

So far, it looks like it will be more of the same ill-advised, costly, greedy, taxpayer-funded, ...

Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti

by Douglas Ankney

The Supreme Court of Connecticut held that the principles set forth in State v. Dickson, 141 A.3d 810 (Conn. 2016), cert. denied, 582 U.S. 922 (2017), regarding eyewitness identification apply retroactively on collateral review. In doing so, the Court also ruled that the “watershed rule” exception to ...

ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps

by James Mills

U.S. Immigration and Customs Enforcement (“ICE”) has developed a powerful surveillance tool that allows analysts to extract metadata from hundreds of websites, apps, and platforms, enabling the agency to gather detailed information on individuals, likely to aid in arrests, deportations, and visa enforcement.

ICE’s stated mission is ...

Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant

by Sagi Schwartzberg

The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated (“ACA”), and thus, he was entitled to have his parole eligibility recalculated under Act 683.

Background

Perry Wright and Torry Rodgers ...

A Black Box, a Guilty Plea, and an Uncertain Truth

by Michael Dean Thompson

In forensic technology, the term “black box” has gained prominence. It describes a system whose inner workings remain opaque—an output emerges, but how it is produced eludes the user. Such black-box algorithms underpin artificial intelligence (“AI”) tools that identify suspects from video footage, guide police patrols ...

Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can

by David Kim

From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for countless reasons. Studies indicate that the average person tells at least two lies per day, and in a typical 10-minute conversation, 60% of individuals will deceive their ...

Third-Hand Meth Contamination in Cars Poses Hidden Danger to Buyers and Renters

by Jo Ellen Nott

New research from Flinders University in South Australia, published in Forensic Chemistry, reveals a troubling public health risk: cars used for smoking, manufacturing, or transporting methamphetamine harbor significant drug residues, exposing future occupants to third-hand contamination. Testing on two used vehicles detected meth in 85 percent ...

Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers

by Anthony W. Accurso

Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves.

The U.S. Supreme Court ruled in Carpenter v. United States, 585 U.S. 296 (2018), that the government must obtain a ...

AI Identifies Sex From Skulls Faster and More Accurately Than Experts

by James Mills

Artificial intelligence has exceeded human capabilities in yet another area.

AI has surpassed human forensic experts in determining biological sex from skeletal remains. Forensic anthropologists traditionally analyze human skeletons to estimate age, lifestyle, and sex—key information for criminal investigations, identifying remains, archaeology, and paleoanthropology. Now, a team ...

Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely

by James Mills

Footage from police body cameras could soon become a pricey commodity in Ohio. Ohio has joined Arizona and Indiana on the short list of states that allow police departments to charge citizens, lawyers, journalists, and activists to access bodycam footage.

In Arizona, the charge is limited to ...

Crowdsourcing a Map to Track License Plate Surveillance

by Anthony W. Accurso

An open-source initiative is empowering citizens to monitor automated license plate readers (“ALPRs”) worldwide, cataloging their locations to reveal how police and private companies deploy these surveillance tools.

Flock Safety (“Flock”), a leading ALPR vendor in the United States, markets its technology as a means to ...

Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals

by David M. Reutter

The Court of Criminal Appeals of Texas held that a deferred disposition or adjudication is not a “sentence” within the meaning of an authorized appeal by the State under Tex. Crim. Code Proc. art. 44.01(b). The Court resolved a statewide split among the state’s Courts of ...

Treasury Lowers Cash Reporting Threshold to $200 for Southwest Border Counties

by James Mills

The United States Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has announced a new rule that lowers the currency transaction report (“CTR”) limit to $200 for certain counties along the Southwest border of the U.S.

The normal threshold to generate a CTR is $10,000. Money ...

NYPD Responds to 911 Calls with Drones

by James Mills

The NYPD now has Drone First Responders (“DFRs”) and has begun deploying them in response to 911 calls. On Nov. 13, 2024, the Mayor’s office announced the new program: 10 drones, deployed across three boroughs—Brooklyn, the Bronx, and Manhattan—remotely dispatched to fly autonomously to the exact longitude ...

Connecticut Compensates Exonerated Prisoners, Reforms Policing

by Jo Ellen Nott

Connecticut is confronting its history of wrongful convictions by compensating victims and reforming police procedures. The state has moved to award $37.6 million to eight wrongfully convicted men who collectively spent 151 years behind bars. The legislature’s Judiciary Committee ratified this compensation on February 14, 2025. ...

Younger Generations Lead Decline in U.S. Support for Death Penalty

by Michael Dean Thompson

Support for the death penalty among Americans has fallen to 53%, its lowest level since 1972, driven primarily by younger generations who are far less likely to favor capital punishment for convicted murderers, according to a Gallup poll.

Gallup’s annual Crime Survey, conducted since 2000, reveals ...

D.C. Police Continue Heavy Investment in Social Media Monitoring

by Anthony W. Accurso

The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through a 2022 lawsuit by the Brennan Center for Justice and Data for ...

Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization

by Jo Ellen Nott

The shoplifting crisis dominating recent news may be exaggerated, but it has delivered major wins for police departments nationwide.

An investigation by The Appeal on March 27, 2025, reveals that fears over so-called “organized retail crime” have given law enforcement a pretext to purchase advanced surveillance ...

Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1

by Douglas Ankney

The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Middle District of North Carolina erred when it failed to make the requisite particularized findings required under U.S. Sentencing Guidelines (“U.S.S.G.”) § 1B1.3(a)(1)(B) before imposing the three-level enhancement under U.S.S.G. ...

Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System

by David Kim

In 2024, 147 prisoners were exonerated for crimes they did not commit, an alarming number that underscores both the resilience of those wrongfully convicted and the systemic failures that led to their imprisonment. The National Registry of Exonerations (“Registry”) documented these cases in its annual report, released ...

Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies

by Sagi Schwartzberg

The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 (2005), for granting a stay and abeyance of his federal habeas petition to allow exhaustion of his claims in state ...

The FBI’s Encrypted Phone Sting

by Michael Dean Thompson

A San Diego-based company called ANOM, often stylized as “ANØM,” distributed encrypted phones worldwide. These devices were stripped down, hardened against intrusion, and designed to allow messaging only between phones on the same closed network. Unbeknownst to users, the FBI intercepted every communication.

The FBI and ...

Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege

by Sagi Schwartzberg

The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to provide a “privilege log” to the Government relating to documents protected under the Fifth Amendment’s act-of-production privilege.

Background

During an investigation of an alleged tax evasion scheme, a grand jury ...

Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises

by David M. Reutter

The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court for the Eastern District of Louisiana erred in applying an offense-level enhancement for maintaining a premises for the purposes of manufacturing or distributing a controlled substance based solely on the ...

News in Brief

Alabama: According to the Tuscaloosa Thread,a Tuscaloosa Police Officer was fired and arrested after child pornography was found on his electronic devices. The Tuscaloosa Police Department (“TPD”) announced that the West Alabama Human Trafficking Task Force began to investigate TPD officer Corey Nicholas Burcham, 35, in September 2024. Investigators seized a phone ...

 

 

Prison Phone Justice Campaign
Advertise here
The Habeas Citebook Ineffective Counsel Side