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Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center by the National Association of Criminal Defense Lawyers Fourth Amendment Center The Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, …
Article • May 15, 2019 • from CLN June, 2019
Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed by Dale Chappell by Dale Chappell  A Dallas County, Texas, judge who cops said would sign a blank warrant allowing them to do whatever they wanted was called into question by the District Attorney’s Office, which chose to drop the issue. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DNA Testing/Samples
McDNA: The DNA Testing Equivalent to Fast Food by Edward Lyon by Ed Lyon  In the late 1960s, Dr. Leonard McCoy of the science fiction television series Star Trek could wave a small device over a patient to find out all he needed to know about them. A similar device …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Searches, Search warrants
Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully …
Article • May 15, 2019 • from CLN June, 2019
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers …
Article • May 15, 2019 • from CLN June, 2019
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter by David Reutter Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. …
Article • May 15, 2019 • from CLN June, 2019
Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas by Michael Berk by Michael Berk The Tarrant County District Attorney’s Office has put 117 criminal cases on hold in response to suspected misconduct involving DNA testing by a Fort Worth forensic scientist. On February 27, 2019, …
NACDL Fourth Amendment Center Compelled Decryption Primer, 2019 Reprinted With Permission from the National Association of Criminal Defense Lawyers, 2019. To download the original PDF of this primer, please visit www.nacdl.org/fourthamendment Compelled Decryption Primer The Supreme Court recognized in Riley v. California that cell phones The majority of Americans now …
$160,000 Paid by Norwalk, Connecticut, to Settle Police Beating of COPD Patient by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $160,000 to settle false arrest and excessive force claims against several Norwalk Police Department (“NPD”) officers. At about 5:40 a.m., on September 8, 2011, William Irwin …
Article • April 12, 2019 • from CLN May, 2019
Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail by Edward Lyon by Ed Lyon  Steven O’Leary was a preacher before switching his career to law enforcement. The career-changing, job-hopping cop held jobs at two different departments before being hired as a deputy with Florida’s Martin County Sheriff Department …
Article • April 12, 2019 • from CLN May, 2019
In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon by Ed Lyon  Most Americans are familiar with the Fourth Amendment of the U.S. Constitution, which guarantees them security in their persons and homes from unreasonable searches and seizures. Perhaps this is where the axiom that …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Evidence, Search warrants
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a 31-day delay in obtaining a search warrant after seizing a defendant’s cellphone, without reasonable justification, violates the Fourth Amendment and …
Article • April 12, 2019 • from CLN May, 2019
Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives by Sagiv Galai by Sagiv Galai, Paralegal,    ACLU Criminal Law Reform Project Three years ago on New Year’s Eve, Dasha Fincher was arrested in Monroe County, Georgia, after the deputies performed an on-the-spot test of …
Article • April 12, 2019 • from CLN May, 2019
Facial Recognition Gives Police Easier Access to Cellphones by Dale Chappell by Dale Chappell Facial recognition might make a cellphone more secure than a simple password, but it also gives the police less work to do if they want to search that phone.  By switching from a password to facial …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood …
Article • March 16, 2019 • from CLN April, 2019
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Article • March 16, 2019 • from CLN April, 2019
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search. Corporal Kenneth Kennedy …
Article • March 16, 2019 • from CLN April, 2019
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
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