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Article • January 18, 2022
Excited Delirium: Junk Science Used to Shield Cops Who Brutalize and Kill by Jo Ellen Nott by Jo Ellen Nott As part of the movement to reform policing in a nation shell-shocked by police brutality, oversight groups are starting to focus on the “excited delirium” justification for using lethal force …
Brief • January 18, 2022
Filed under: Medical
S.D. V. Wellpath, FL, Class Action Complaint, Unsafe Injection Practices, 2022 Case 8:22-cv-00146 Document 1 Filed 01/18/22 Page 1 of 29 PageID 1 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA S.D., H.D., D.M., D.S., and J.W., on behalf of themselves and all others similarly situated, Plaintiffs, v. …
Article • January 17, 2022
Filed under: Police Misconduct
DC Metro Allows Bad Cops to Stay on the Force by Jo Ellen Nott by Jo Ellen Nott  The Washington D.C. Metropolitan Police Department (“MPD”), some 3,400 officers strong, has rogue characters engaging in criminal misconduct on the clock and off but using the 160-year-old badge as shield for their …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Safety Valve
Some Cities Taking Holistic Approach to Public Safety by Casey Bastian by Casey J. Bastian More than a year after the killing of George Floyd, an explosion of protests led to an emphasis being placed on changing the way we police our communities. “The systems we’ve got right now in …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Police Misconduct
Oregon Bill Makes it More Difficult to Hide Police Misconduct by Jacob Barrett by Jacob Barrett On June 7, 2021 the Oregon Legislature passed HB 3355 establishing identification requirements for law enforcement assigned to “crowdmanagement” events in which large crowds of 50 persons or more are managed to prevent the …
Article • January 15, 2022 • from CLN February, 2022
ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results by Casey Bastian by Casey J. Bastian ShotSpotter markets technology that uses microphone sensors to detect the specific acoustic signature of gunshots and then record the time and location of the signature …
Article • January 15, 2022 • from CLN February, 2022
Why Won’t the State of Missouri Release Innocent Men From Prison? by Casey Bastian by Casey J. Bastian There are not many people who can truly relate to the Kafkaesque experience of the three men currently stuck in the Missouri prisons. All three are factually innocent but have spent decades …
Article • January 15, 2022 • from CLN February, 2022
Civil Forfeiture Under Fire in Massachusetts by Jayson Hawkins by Jayson Hawkins Devantee Jones-Bernier did not have any drugs on him when police executed a search warrant on the apartment where he was visiting some friends in Worcester, Massachusetts. Marijuana was found in the unit, and so Jones-Bernier was initially …
Article • January 15, 2022 • from CLN February, 2022
California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer by Douglas Ankney by Douglas Ankney The Court of Appeal, Sixth Appellate District, held that a trial court …
Article • January 15, 2022 • from CLN February, 2022
Filed under: DNA Testing/Samples
FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations by Douglas Ankney by Douglas Ankney Thermo Fisher Scientific’s Applied Biosystems Rapid HIT ID DNA Booking System was approved by the FBI for use by law enforcement booking stations to automatically process, upload, and search DNA reference …
Article • January 15, 2022 • from CLN February, 2022
Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Vehicle Searches
Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a driver who leaves the scene of an accident involving …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Confessions - Coerced
Pushback on Police Lying to Obtain False Confessions by Jayson Hawkins by Jayson Hawkins Lawrence Montoya was only 14 years old back in 2000 when Denver cops accused him of being involved in the murder of Emily Johnson, a local teacher. During the first two hours of interrogation, Montoya refuted …
Article • January 15, 2022 • from CLN February, 2022
Filed under: First Step Act
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive …
Article • January 15, 2022 • from CLN February, 2022
Why Punishing Bad Prosecutors Won’t Fix a Bad System by James Doyle by James M. Doyle, The Crime Report  After 50 years of representing indigent defendants in urban criminal courts I have no objection to seeing prosecutors disciplined for their misconduct. As a matter of fact, I find the prospect delectable. …
Article • January 15, 2022 • from CLN February, 2022
California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences by David Reutter by David M. Reutter The Supreme Court of California issued an order that set the standard of review for motions …
Article • January 15, 2022 • from CLN February, 2022
Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Idaho …
Article • January 15, 2022 • from CLN February, 2022
Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas upheld the decision of a lower court to suppress a defendant’s surreptitiously recorded statements on the ground that it was …
Article • January 15, 2022 • from CLN February, 2022
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Digital Devices
New Digital Warrants Undermine Fourth Amendment by Anthony Accurso by Anthony W. Accurso Two relatively new types of warrants are causing a stir among privacy advocates and defense attorneys who claim the warrants are overbroad and jeopardize the spirit of the Fourth Amendment’s protections. “Geofence” or “reverse” warrants involve police …
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