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Article • February 18, 2019
Texas no-knock raid proves deadly; no drugs found by Kevin Bliss by Kevin Bliss The Houston Police Department (“HPD”) conducted a no-knock search at the home of Dennis Tuttle and Rhogena Nicholas early this year. Heroin was allegedly being sold out of the home and the owners reportedly possessed a weapons’ stash. …
Article • February 15, 2019 • from CLN March, 2019
Filed under: DNA Testing/Samples
Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard by Chad Marks by Chad Marks The Supreme Court of Nebraska reversed a district court’s order denying prisoner James Myers’ request for DNA testing pursuant to the DNA Testing Act, …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Search warrants
Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit held that two state court warrants to place a GPS tracker …
Article • February 14, 2019 • from CLN March, 2019
U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence by Steve Horn by Steve Horn A study that called into question the reliability of DNA as a piece of smoking-gun evidence due to its propensity to be easily transferred …
Article • January 18, 2019 • from CLN February, 2019
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
Publication • January 2, 2019
American Statistical Association Position on Statitical Statement, American Statistical Association, 2019 American Statistical Association Position on Statistical Statements for Forensic Evidence Presented under the guidance of the ASA Forensic Science Advisory Committee* January 2, 2019 Overview The American Statistical Association (ASA) has supported efforts to strengthen the inferential foundations that …
Article • December 29, 2018 • from CLN January, 2019
Crime Labs Falling Short by Edward Lyon by Ed Lyon Whenever most people hear about DNA testing in criminal cases, they invariably envision well-equipped, sterile labs like the ones depicted in television dramas such as CSI: Crime Scene Investigation or Bones. However, a study by the National Institute of Standards …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
Article • December 29, 2018 • from CLN January, 2019
Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), in which the U.S. Supreme Court held that a state cannot use criminal sanctions to compel a …
Article • December 28, 2018 • from CLN January, 2019
Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up by Dale Chappell by Dale Chappell The Supreme Judicial Court of Massachusetts reached a decision in the Amherst lab scandal, where disgraced lab technician Sonja Farak tampered with and stole drugs from thousands of drug …
Article • December 21, 2018 • from CLN January, 2019
Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of …
Article • December 21, 2018 • from CLN January, 2019
Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions by Derek Gilna by Derek Gilna The New Jersey Supreme Court has issued a report and order that could result in the invalidation of at least 20,667 drunk driving convictions in the state, after a state police officer was charged …
Article • December 21, 2018 • from CLN January, 2019
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch by Richard Resch The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of …
Article • December 20, 2018 • from CLN January, 2019
Filed under: Police Searches, Property
Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop by Matthew Clarke by Matt Clarke The Supreme Court of Kansas held that a police officer unconstitutionally extended the traffic stop he had made for following too closely when he asked questions about the driver’s travel plans for four-and-a-half …
The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations by Rick Anderson by Rick Anderson It’s the ultimate crime-solving tool, enabling prosecutors to bring seemingly rock-solid charges against accused murderers and rapists while also using it to re-open and solve dust-collecting cold cases. Victims and …
Article • December 5, 2018 • from CLN December, 2018
New App Makes It Simple for Civilians to Record Police Encounters by Being pulled over or stopped on the street by police? A new Siri Shortcuts app for iPhone iOS 12 lets users record their experience with police. Called Police, the Siri Shortcuts app acts like a bodycam. “Once the …
Publication • December 1, 2018
State of Tennessee Comptroller of the Treasury - Private Probation Services Council: Performance Audit Report, 2018 STATE OF TENNESSEE COMPTROLLER OF THE TREASURY PRIVATE PROBATION SERVICES COUNCIL Performance Audit Report December 2018 Justin P. Wilson, Comptroller Division of State Audit DEBORAH V. LOVELESS, CPA, CGFM, CGMA Director KANDI THOMAS, CPA, …
Article • November 28, 2018 • from CLN December, 2018
Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that the burden of proof in determining whether a person voluntarily consented to a warrantless search is a preponderance of the evidence, …
Article • November 28, 2018 • from CLN December, 2018
Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis by Christopher Zoukis The Supreme Court of Arkansas ruled that an Arkansas statute that allows warrantless blood draws based on implied consent violated the Fourth Amendment when applied to a defendant in …
Article • November 1, 2018 • from CLN November, 2018
Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit upheld a verdict, after remand by the U.S. Supreme Court, awarding $4 million to a couple …
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