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New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent by David Reutter by David M. Reutter The New York Court of Appeals held that when police employ coercive tactics compelling a suspect to …
A Critical Safeguard for the Accused: NIST’s New DNA Standard Challenges the Reliability of “Messy” Crime Scene Evidence by Jo Ellen Nott by Jo Ellen Nott In a move to strengthen the accountability and scientific rigor of forensic evidence, the National Institute of Standards and Technology (“NIST”) released Reference Material …
The Unintentional Informant: Household Pets as Vectors of Human DNA by Jo Ellen Nott by Jo Ellen Nott When forensic investigators arrive at a crime scene, they search for DNA on surfaces, clothing, and objects. Increasingly, research suggests they may also need to consider the household pet. Studies led by …
Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible by David Kim by David Kim The United States Court of Appeals for the Fifth Circuit held that a warrantless protective search of a vehicle under Michigan v. Long, …
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 by Richard Resch Resolving a Circuit split, the Supreme Court of the United States unanimously held that police officers may …
Article • February 1, 2026 • from CLN March, 2026
Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment by Douglas Ankney by Doug Ankney The Supreme Court of Maryland held that police officers lacked reasonable suspicion to conduct a traffic stop …
Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term by David Kim by David Kim The Supreme Judicial Court of Massachusetts held that the reasonableness of global positioning system (“GPS”) monitoring as a …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit held that while the abandonment doctrine applies to cellphones, courts must analyze …
Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony by David Kim by David Kim The Supreme Court of Minnesota held that a buccal swab collected from a criminal defendant pursuant to …
New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of New Jersey held that the automobile exception to the warrant requirement …
Protecting Your Digital Privacy by Anthony Accurso by Anthony W. Accurso In an era of expanding government surveillance, protecting your digital privacy is more critical than ever. This article offers practical steps to safeguard your data from government and corporate surveillance. As digital threats evolve in 2025, with increasing use …
Drones and License Plate Readers: Police Creating Warrantless Aerial Surveillance Networks by Jo Ellen Nott by Jo Ellen Nott Police adoption of drone-as-first-responder (“DFR”) programs is increasing and now integrating with automated license plate reader (“ALPR”) technology to create a potent new form of surveillance, the Electronic Frontier Foundation (“EFF”) …
Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan held that a search warrant was …
How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias. by Jordan Smith Originally published on February 2, 2025. Republished with permission from The Intercept https://theintercept.com/2025/02/02/forensic-dna-phenotyping-parabon-nanolabs-police/, an award-winning nonprofit news organization dedicated to …
Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
Warrantless Device Inspections Surge at the U.S. Border by David Kim 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 …
Article • March 15, 2025 • from CLN April, 2025
EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance by David Kim by David Kim The Electronic Frontier Foundation (“EFF”) has announced Rayhunter, an open-source tool designed to detect cell-site simulators (“CSS”), devices often used by law enforcement and others to covertly track mobile phones. Running on an …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Article • February 15, 2025 • from CLN March, 2025
Study: DNA Transfer in Social Settings by Michael Thompson by Michael Dean Thompson With every breath you take, you shed DNA. It is in the skin cells that flake off your body by the millions, the hair that floats off as you walk, and the oil you leave behind on …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
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