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Article • October 15, 2020 • from CLN November, 2020
Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional by David Reutter by David M. Reutter The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement …
Article • October 15, 2020 • from CLN November, 2020
Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit clarified that the term “different location” in the U.S. Sentencing Guidelines commentary definition of “abduction” requires more …
Article • October 15, 2020 • from CLN November, 2020
Fed Position on Pot Pushing Vets to Black Market by Jayson Hawkins by Jayson Hawkins  The walls in Alex’s home are decorated with medals earned from two tours as a Marine serving in Iraq. He returned to the U.S. in 2007 at age 21, psychologically scarred by a war that …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Article • October 15, 2020 • from CLN November, 2020
Filed under: News, News in Brief
Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up? by Jayson Hawkins by Jayson Hawkins The murder of Ahmaud Arbery was shockingly mishandled by local police from the very beginning. Two White men chased down and shot a young Black man, and yet they had not been charged …
Article • October 15, 2020 • from CLN November, 2020
Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2020, a summer of discontent, a summer rife with pandemic lockdowns and street protests, the Georgia Legislature chose not to address the unrest and …
Article • October 15, 2020 • from CLN November, 2020
Kettles Are Used for Teas, Kettling is Used for People by Edward Lyon by Ed Lyon There’s a new tool around for the old sheriff in town when it comes to dealing with peaceful protesters. This tool is called kettling, and it has nothing to do with heating water for …
Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case? by Casey Bastian by Casey Bastian In 2018, Florida electors passed an amendment to the state constitution allowing the restoration of voting rights to residents convicted of felonies. The amendment, which does not apply to those convicted of murder …
Article • October 15, 2020 • from CLN November, 2020
Door Bells and Funeral Bells by Douglas Ankney by Douglas Ankney Ring is Amazon’s “smart” doorbell camera company that allows video cameras within users’ doorbells to surveil their porches, sidewalks, yards, and even the streets next to their homes. But Ring has also partnered with some law enforcement agencies, enabling …
Article • October 15, 2020 • from CLN November, 2020
Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the passage of eight months from the time of the unlawful seizure of Nikolay P. Bocharnikov until he gave his …
DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force by Kevin Bliss by Kevin Bliss The Narcotics Bureau (“NB”) of the Springfield Police Department (“SPD”) regularly used excessive force in the commission of its duties, covering its violations through deficiencies in its use of force reporting system. That’s …
Article • October 15, 2020 • from CLN November, 2020
Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841 by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit expanded the First Step Act’s “covered offense” for crack cocaine sentence reductions to include all of the federal statute penalizing crack cocaine …
Article • October 15, 2020 • from CLN November, 2020
Interrogation Via Zoom: Policing in the Age of COVID by Jayson Hawkins by Jayson Hawkins The proliferation of police procedurals over the past few decades has made virtually everyone who owns a TV familiar with the climactic scene in the interrogation room – detectives trap a suspect in a lie …
Article • October 15, 2020 • from CLN November, 2020
The Danger of Police Dishonesty by Jayson Hawkins by Jayson Hawkins Police occupy a unique place in a free society. They are empowered to enforce the public will upon the very public that empowers them. They alone are entrusted with the power to use lethal force, while at the same …
Article • October 15, 2020 • from CLN November, 2020
Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets by Casey Bastian by Casey Bastian All across America, mostly peaceful protests have advanced cries to defund the police. This increasing demand is in response to too many recent examples of law enforcement abusing its …
Article • October 15, 2020 • from CLN November, 2020
N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that a defendant has a right to question a cooperating witness …
Article • October 5, 2020
$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …
Article • October 5, 2020
Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial. Alex David Murray Lorenzo was charged …
Article • September 30, 2020
Three New Tools for Identifying Who’s Watching You by Dale Chappell by Dale Chappell With the countless ways the government can collect data on you, the Electronic Frontier Foundation (“EFF”) has introduced three new tools to help you identify what technologies are being used by government agencies to watch you. …
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