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Criminal Legal News: July, 2025

Issue PDF
Volume 8, Number 7

In this issue:

  1. Understanding Your Constitutional Rights in the 
‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement (p 1)
  2. Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, 
During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate (p 15)
  3. SCOTUS Announces ‘Economic Loss’ Not Required 
to Violate Federal Wire Fraud Statute (p 17)
  4. The Algocracy Agenda: How AI and the Deep State 
Are Digitizing Tyranny (p 19)
  5. Driverless Vehicles Are the Newest Mass Surveillance Tool 
of Law Enforcement (p 21)
  6. Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life (p 22)
  7. Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’ (p 23)
  8. Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence (p 24)
  9. Biomedical Engineers Discover Pruny Fingers Yield 
the Same Fingerprint Patterns as Dry Ones (p 27)
  10. Fourth Circuit: A Finding of Offering Money to Minor 
for Videos Depicting Specific Conduct Without Establishing 
Order of Events Insufficient to Establish Offer ‘Caused’ 
Minor to Produce Explicit Material Within Meaning 
of Guidelines § 2G2.2(c)(1) Cros (p 28)
  11. From Witness Descriptions to Digital Mugshots: 
AI’s Growing Role in Policing (p 29)
  12. Punishment TV (p 30)
  13. Class Incarceration Has Become a Prominent Factor 
in Mass Incarceration (p 33)
  14. California Court of Appeal Issues Writ of Mandate 
Directing Superior Court to Hold Evidentiary Hearing 
Under State’s Racial Justice Act, Ruling Defendant 
Provided Sufficient Evidence to Establish Prima Facie 
Claim of Implicit Bias by San Diego Police (p 34)
  15. Fourth Circuit Announces Counterman v. Colorado 
Is New Rule of Constitutional Law That Applies 
Retroactively to Cases on Collateral Review and 
Grants Authorization to File Successive § 2255 Motion (p 36)
  16. Colorado Supreme Court Announces Police Facilitating 
Drug-­Detection Dog’s Entry Into Vehicle by Opening Door 
During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment (p 38)
  17. Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence (p 40)
  18. New Orleans Police Continue Using Facial Recognition 
Despite City Restrictions (p 41)
  19. Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows (p 42)
  20. Green Light for Justice: Dutch Researchers Find 
Perovskite Method Improves Gunshot Residue Analysis 
with Unprecedented Sensitivity (p 43)
  21. How Police Departments Hire Bad Cops: 
The Shadow System Protecting ‘Wandering Officers’ (p 44)
  22. News in Brief (p 50)

Understanding Your Constitutional Rights in the 
‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement

The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration laws. If you are within 100 miles of the nation’s land borders or coastlines, you are in the 100-­mile border zone, a region where ...

Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, 
During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate

The United States Court of Appeals for the Third Circuit held that the U.S. District Court for the District of New Jersey erred in applying a sentencing enhancement for constructive possession of an AK-­style pistol (“Pistol”) found in a bag located in the trunk of defendant’s vehicle six months after ...

SCOTUS Announces ‘Economic Loss’ Not Required 
to Violate Federal Wire Fraud Statute

In resolving a split among the United States Courts of Appeals, the Supreme Court of the United States held that a defendant who induces a victim to enter into a contract under false pretenses may be convicted of federal wire fraud under 18 U.S.C. § 1343 even though the defendant did ...

The Algocracy Agenda: How AI and the Deep State 
Are Digitizing Tyranny

This column was originally published on May 29, 2025, on Rutherford.org. It has been reprinted with permission

 

“If one company or small group of people manages to develop godlike digital superintelligence, they could take over the world. At least when there’s an evil dictator, that human is going to ...

Driverless Vehicles Are the Newest Mass Surveillance Tool 
of Law Enforcement

The ever-­growing army of self-­driving vehicles quietly traveling through our cities are becoming something far more than just driverless vehicles—they’re morphing into the most sophisticated mobile surveillance network law enforcement has ever had. Police departments across America are increasingly tapping into the 360-­degree, always-­recording cameras of autonomous vehicles to investigate ...

Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life

P

olice have long sought tools to monitor and predict criminal activity with precision, and a new system called Spidernet brings that vision closer to reality. Developed by researchers at the University of Portsmouth and University of Winchester, Spidernet is a digital forensics framework designed to track smart device owners, ...

Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’

Shelby County District Attorney Steve Mulroy is overseeing the retesting of forensic evidence in multiple sexual assault cases after the Tennessee Bureau of Investigation (“TBI”) terminated a forensic analyst at its Jackson laboratory for “unethical conduct.” The retesting, initiated in October 2024, aims to ensure the integrity of evidence in ...

Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence

The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not constitute inconsistent testimony with a prior confession made under a proffer agreement because under U.S. Supreme Court precedent, no factual inference can be drawn from the invocation of ...

Biomedical Engineers Discover Pruny Fingers Yield 
the Same Fingerprint Patterns as Dry Ones

A question posed by a child in a Curious Kids column in The Conversation, a nonprofit news website written by academics, led a biomedical engineer to a discovery that could aid forensic analysis at crime scenes involving water exposure.

Guy German, a biomedical engineer at Binghamton University in New York, ...

Fourth Circuit: A Finding of Offering Money to Minor 
for Videos Depicting Specific Conduct Without Establishing 
Order of Events Insufficient to Establish Offer ‘Caused’ 
Minor to Produce Explicit Material Within Meaning 
of Guidelines § 2G2.2(c)(1) Cros

The United States Court of Appeals for the Fourth Circuit vacated a 132-­month prison sentence because the U.S. District Court for the Western District of North Carolina committed procedural error during sentencing for violating 18 U.S.C. § 2252A(a)(2), (b)(l) (possessing material depicting the sexual exploitation of minors) by applying the sentence ...

From Witness Descriptions to Digital Mugshots: 
AI’s Growing Role in Policing

Police departments across the United States are increasingly using artificial intelligence (“AI”) to generate composite sketches of suspects based on witness descriptions, accelerating an investigative process that once relied solely on human artists.

The adoption of AI in law enforcement spans multiple domains. In Chicago, algorithms help identify potential crime ...

Punishment TV

This article was originally published on February 5, 2025, by Inquest.org at https://inquest.org/punishment-­tv/.

 

Last spring, Netflix released a reality show called Unlocked: A Jail Experiment. It follows a group of incarcerated men in Arkansas whose unit is briefly subjected to fewer security restrictions—a “radical social experiment” that hypothesized ...

Class Incarceration Has Become a Prominent Factor 
in Mass Incarceration

Although the issue is not even close to being resolved, the United States has, in recent years, made some noticeable progress on the issue of racial disparity in our criminal justice system. Regardless of what research method you choose, the number of Black individuals incarcerated is highly disproportionate to the ...

California Court of Appeal Issues Writ of Mandate 
Directing Superior Court to Hold Evidentiary Hearing 
Under State’s Racial Justice Act, Ruling Defendant 
Provided Sufficient Evidence to Establish Prima Facie 
Claim of Implicit Bias by San Diego Police

The California Court of Appeal, Fourth Appellate District, granted a petition for a writ of mandate after finding that Elijah Jackson, who is Black, established a prima facie claim that the San Diego Police Department (“SDPD”) violated the Racial Justice Act of 2020 (“RJA”) by producing data showing a stark ...

Fourth Circuit Announces Counterman v. Colorado 
Is New Rule of Constitutional Law That Applies 
Retroactively to Cases on Collateral Review and 
Grants Authorization to File Successive § 2255 Motion

The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to file a successive 28 U.S.C. § 2255 motion based on the holding of the Supreme Court of the United States (“SCOTUS”) in Counterman v. Colorado, 600 U.S. 66 (2023), that the Government ...

Colorado Supreme Court Announces Police Facilitating 
Drug-­Detection Dog’s Entry Into Vehicle by Opening Door 
During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment

The Supreme Court of Colorado held that the police conducted an unreasonable search under the Fourth Amendment of a defendant’s vehicle during a traffic stop when they facilitated entry into the vehicle by a drug-­sniffing dog without probable cause.

Tien Dinh Pham was observed leaving an area police alleged to ...

Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence

The Supreme Court of Illinois ruled that a defendant retains the right to challenge his sentence when he enters a “blind” guilty plea, i.e., a plea that does not specify the sentence as part of the plea.

Background

Sedrick White admitted to fatally shooting Arnel Adamore in August 1998 while ...

New Orleans Police Continue Using Facial Recognition 
Despite City Restrictions

The New Orleans Police Department (“NOPD”) has used artificial intelligence-­powered facial recognition technology since at least 2018, often bypassing city ordinances designed to limit such surveillance, according to public records, internal emails, and a 2025 Washington Post investigation.

In December 2020, the New Orleans City Council unanimously passed Ordinance 33021, ...

Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows

In Arizona, a secretive program has quietly amassed a staggering trove of financial data on tens of millions of Americans and individuals worldwide, all under the guise of fighting crime. The Transaction Record Analysis Center (“TRAC”), operated with oversight from the Arizona Attorney General’s office, has ballooned into a mass ...

Green Light for Justice: Dutch Researchers Find 
Perovskite Method Improves Gunshot Residue Analysis 
with Unprecedented Sensitivity

A groundbreaking adaptation of perovskite technology is poised to transform forensic analysis of gunshot residue (“GSR”), offering unprecedented speed and sensitivity. “Perovskite” refers to a class of materials with a specific crystal structure, named after the mineral calcium titanate, discovered by Russian mineralogist Lev Perovski. Traditional GSR analysis, which relies ...

How Police Departments Hire Bad Cops: 
The Shadow System Protecting ‘Wandering Officers’

The police badge should be a shield for the public, not a cloak for predators. Yet across America, a dangerous undercurrent flows beneath the thin blue line: officers fired for brutality, lies, theft, even criminal acts, are quietly recycled back onto the streets where they often dishonor the badge again. ...

News in Brief

Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, violating a court order ...

 

 

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