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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 …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home by Douglas Ankney by Douglas Ankney In consolidated cases presenting an issue of first impression, the Supreme Court of New Jersey announced the framework for determining the lawfulness …
Article • July 15, 2022 • from CLN August, 2022
FBI’s ‘Rich Neighborhood’ Breach Practice by Jayson Hawkins by Jayson Hawkins A judge hearing oral arguments in an insurance fraud appeal on April 7, 2022, stopped the proceedings when she discovered a “deeply troubling” item in the record: when serving a search warrant in a rich Washington, D.C. neighborhood, the …
Article • July 15, 2022 • from CLN August, 2022
Your Data Is For Sale and Anonymization Is Meaningless by Anthony Accurso by Anthony W. Accurso Data brokers exist to buy bulk user data collected by advertising tech companies and resell it to other companies, government agencies, and the public. They claim this practice is harmless since the data has …
Article • July 15, 2022 • from CLN August, 2022
Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence by Mark Wilson by Mark Wilson  The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Traffic Stops, Suppression
Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is …
Article • July 15, 2022 • from CLN August, 2022
Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …
Article • June 15, 2022 • from CLN July, 2022
A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases. by Jake Pearson After prosecutors flagged hundreds of cops caught fixing tickets for friends and family a decade ago, the officers’ work was supposed to get an extra level of scrutiny. …
Article • June 15, 2022 • from CLN July, 2022
Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges by Casey Bastian by Casey J. Bastian The existence of racial disparity in federal sentencing practices is a common, well-researched issue. The greatest proportion of studies focus on the aggregate disparity between the imposed sentence length of Black versus white defendants. Research …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Media, Privacy Act/Rights
Oregon Bans Pre-Conviction Mugshot Public Disclosure by Mark Wilson by Mark Wilson Oregon’s new law restricting the publication of booking photos without a criminal conviction went into effect on January 1, 2022.   During the 2021 legislative session, Oregon lawmakers passed House Bill 3273 prohibiting public disclosure of booking photos, commonly …
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