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Digital Parallel Construction: Detecting and Challenging Hidden AI by Richard Resch by Richard Resch In the companion to this Column, “When AI Invents the Pixels,” published in the January 2026 issue of CLN, we explored the dangers of prosecutors introducing AI-­enhanced video as substantive evidence at trial. We discussed how …
Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches by David Kim by David Kim In an issue of first impression, the Opinion Announcing the Judgment of the Court (“OAJC”) concluded that a person who conducts general, unprotected internet searches …
Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise to Probable Cause to Search, Thereby Providing Greater by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that “art. 14 of the …
Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Michigan held that the smell of marijuana, by itself, does not establish probable cause to search a motor vehicle. In doing …
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 …
Article • August 1, 2025 • from CLN August, 2025
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso The United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion …
Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson 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. …
News in Brief by 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, …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Probable Cause, Suppression
Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Sixth Circuit required suppression of evidence based upon a warrant for evidence related to a structure …
Article • March 16, 2023
Technology Allows for Overbroad Searches on Warrants by Kevin Bliss by Kevin W. Bliss Geofence location and reverse search warrants are the new trends in law enforcement agencies’ criminal investigations. But, their use concerns civil rights advocates because of the overbroad scope of their results and the means by which …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Victims, Home Search
Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana reversed the denial of a suppression motion after finding that the …
Article • October 15, 2021 • from CLN November, 2021
Filed under: No-Knock Warrants
Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents by Chuck Sharman by Chuck Sharman The U.S. Department of Justice (“DOJ”)—parent agency of the Federal Bureau of Investigation; the Drug Enforcement Administration; the U.S. Marshals Service; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives—announced on September 14, …
Article • September 15, 2021 • from CLN October, 2021
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being …
Article • September 15, 2021 • from CLN October, 2021
SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access by Douglas Ankney by Doug Ankney The Supreme Court of the United States (“SCOTUS”) held that for purposes of 18 U.S.C. § 1030(a)(2), the Computer Fraud and Abuse Act …
Article • June 21, 2021
Civil Rights Investigation Sought Over “No-Knock” Raid On Wrong Michigan Home by A Michigan family terrorized by state police raiding their Flint home to erroneously execute a “no-knock” warrant requested a federal civil rights investigation on June 7, 2021, according to a report by MLive. After the raid on April …
Article • April 15, 2021 • from CLN May, 2021
Filed under: No-Knock Warrants
No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths by David Reutter by David M. Reutter As protests spread across the U.S. after the death of George Floyd at the hands of Minneapolis police in May 2020, another police killing two months earlier in Kentucky gained notoriety – that …
Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor by Casey Bastian by Casey Bastian Jamarcus Glover was offered a plea agreement on July 13, 2020, by Commonwealth attorney Tom Wine. Glover is a convicted felon with a history of drug trafficking. The plea would reduce the …
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