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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 …
Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court (“SJC”) of Massachusetts validated one warrant …
Article • November 15, 2022 • from CLN December, 2022
Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Wyoming held that the district court erred in ruling an …
Article • November 15, 2022 • from CLN December, 2022
Predictive Policing Doesn’t Reduce Crime but Does Increase Targeting of Vulnerable Communities by Casey Bastian by Casey J. Bastian Our society is increasingly reliant on data and technology in nearly every sector, both public and private. Law enforcement and public safety institutions are regular consumers of data offerings. Tech companies …
Article • November 15, 2022 • from CLN December, 2022
Michigan Makes Civil Forfeiture Easier at Airports by Jayson Hawkins by Jayson Hawkins Civil forfeiture, the government confiscation of cash or assets believed to be related to criminal activity, has been a favorite tool of police since the early days of the war on drugs. The process requires a low …
Article • November 15, 2022 • from CLN December, 2022
Illinois Law Protects Personal Data by Jayson Hawkins by Jayson Hawkins A new Illinois statute is the first in the nation to require police to have a search warrant or the owner’s permission before accessing their data on a personal device. The Protecting Household Privacy Act, which went into effect …
Article • October 15, 2022 • from CLN November, 2022
Daniel Taylor Was Innocent. He Spent Decades in Prison Trying to Fix the State’s Mistake. by Steve Mills He was in police custody at the time of the murders, but a dubious confession led to his wrongful conviction while Chicago police and prosecutors turned a blind eye to inconvenient facts …
Article • October 15, 2022 • from CLN November, 2022
Filed under: Search and Seizure
93-Year-Old Woman Owed $2,300 in Tax Debt so Government Sold Her $40,000 Home and Kept all Proceeds by Ashleigh Dye by Ashleigh N. Dye Geraldine Tyler, 93, of Minneapolis owed the government nearly $15,000 in tax debt, so the government sold her home for $40,000 and kept the proceeds. Tyler …
Publication • October 1, 2022
New York State Office of the Attorney General-Second Annual Report , Oct. 2022 New York State Office of the Attorney General Office of Special Investigation October 1, 2022 Second Annual Report Pursuant to Executive Law Section 70-b I ,,.,,G,~,..,; Letitia James NYS Attorney General 0 Table of Contents 1. Introduction …
Article • September 26, 2022
Colorado Female Suspect Hit by Freight Train While Sitting in Cop Car by Jo Ellen Nott by Jo Ellen Nott On September 16, 2022, 22-year-old Yareni Rios Gonzalez of Greeley, Colorado, was struck by a train in Platteville while sitting detained in the back seat of a patrol car that …
Article • September 15, 2022 • from CLN October, 2022
Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI by Anthony Accurso by Anthony W. Accurso Public records requests have shed light on a program within the Chicago Police Department (“CPD”) whose purpose is to collect information on people by surveilling their social media profiles …
Article • September 15, 2022 • from CLN October, 2022
Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso by Anthony W. Accurso Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this …
Article • September 15, 2022 • from CLN October, 2022
Tech Giants Support Ban on Geofence and Reverse Keyword Warrants by Anthony Accurso by Anthony W. Accurso Google, Microsoft, and Yahoo issued a public statement via the trade organization, “Reform Government Surveillance,” supporting a bill before the New York State legislature that would prohibit the use of geofence and reverse …
Article • September 15, 2022 • from CLN October, 2022
Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …
Framed by Dirty Chicago Detective Reynaldo Guevara, Marilyn Mulero Is Exonerated After 28 Years in Prison by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, a Cook County judge in Chicago, Illinois granted motions filed by State’s Attorney Kim Foxx to dismiss all charges against Marilyn Mulero, …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch by Richard Resch The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights …
FBI Forces Suspect to Unlock Messaging App Using FaceID by Anthony Accurso by Anthony W. Accurso In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to …
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