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Article • March 15, 2023 • from CLN April, 2023
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where …
Article • March 15, 2023 • from CLN April, 2023
Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Minnesota reversed and dismissed the charges …
Article • March 15, 2023 • from CLN April, 2023
The Mounting Geofencing Threat by Michael Thompson by Michael Dean Thompson The January 6th Capitol riot illustrates how geofencing warrants are threatening American citizens. As part of the investigations into the events, the FBI served a geofencing warrant to Google that demanded a list of all the devices in or …
Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns by Jo Ellen Nott by Jo Ellen Nott In July 2022, the Virginia State Police paid $15,000 to purchase a subscription from Fog Data Service for its Fog Reveal tracking tool according to ABC …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, affirmed the Solano County Superior Court’s …
Article • February 15, 2023 • from CLN March, 2023
FBI Heist Made Public by Jayson Hawkins by Jayson Hawkins In another recent episode of “Law Enforcement Gone Wild,” unredacted documents reveal the FBI intentionally lied to a federal judge to obtain a search warrant authorizing agents to inventory hundreds of safe deposit boxes administered by a private security firm. …
Article • February 15, 2023 • from CLN March, 2023
Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment by Casey Bastian by Casey J. Bastian The actions and eventual trial of Derek Chauvin were at the center of multiple protests. The people had had enough of police brutality and a lack of accountability in Minneapolis; …
Article • February 15, 2023 • from CLN March, 2023
Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants by Mark Wilson by Mark Wilson The Supreme Court of Oregon unanimously upheld a lower court’s suppression of the State’s wiretap …
Article • February 15, 2023 • from CLN March, 2023
Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come by Benjamin Tschirhart by Benjamin Tschirhart In the wake of the COVID-19 pandemic, the paradigm has shifted for the millions of Americans on “community supervision” — a category which includes those on probation, parole, …
Article • February 15, 2023 • from CLN March, 2023
The District of Colombia: Inside the Most Expansive Surveillance Network in America by Casey Bastian by Casey J. Bastian Washington D.C. is not simply home to our nation’s capital or the seat of some of its most powerful institutions. What many people don’t realize is that the metropolitan area contains …
Article • February 15, 2023 • from CLN March, 2023
They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. by Brett Murphy by Brett Murphy, ProPublica Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. He had a business to promote: a miracle method to determine …
Article • February 15, 2023 • from CLN March, 2023
Your Car Knows a Lot About You, and the Police Are Listening by Michael Thompson by Michael Thompson For years now, cars have allowed us to synch our devices with their onboard computers, giving us hands-free and Wi-Fi access along with a wealth of infotainment options. A user could be …
Article • January 15, 2023 • from CLN February, 2023
Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Eastern District of …
Article • January 11, 2023
DNA Databases Can Threaten the Privacy of Individuals Whose Profiles Are Stored in Them, Yet They Remain a Powerful Tool for Law Enforcement by Jo Ellen Nott by Jo Ellen Nott On December 30, 2023, police arrested Bryan Christopher Kohberger at his parents’ home in Pennsylvania for the savage stabbing …
Wrongful Conviction for First-Degree Murder Vacated 26 Years After Misconduct by Corrupt Chicago Detective Reynaldo Guevara Framed Him by Jo Ellen Nott by Jo Ellen Nott Edwin Davila’s first-degree murder conviction has been vacated after he was paroled in February of 2020. At the time of his release, Davila had …
Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices by Douglas Ankney by Douglas Ankney According to a September 2022 report from AP News, law enforcement agencies from suburban Southern California to rural North Carolina are using an obscure cellphone tracking tool known as …
Fog Data Science, Your Hometown Data Broker by Anthony Accurso by Anthony W. Accurso Criminal Legal News has previously reported on data broker companies — companies that buy and sell data on consumers, most often location data harvested from mobile apps. Fog Data Science is one such company, though one …
Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed an order of the U.S. District Court for the Middle District of Louisiana that denied absolute immunity to …
Article • December 15, 2022 • from CLN January, 2023
Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that facts used in determining probable cause to conduct a warrantless search must include those …
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …
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