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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 …
Article • June 15, 2022 • from CLN July, 2022
Expert Forensic Testimony Flawed by Implicit Racial Bias by Casey Bastian by Casey J. Bastian The unnecessary deaths of George Floyd and Breonna Taylor are examples of incidents that have raised public awareness and hastened conversations about racial bias in the criminal justice system. Reforms in policing have received the …
The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure by Anthony Accurso by Anthony W. Accurso On January 7, 2021, the FBI published a document entitled “Lawful Access,” detailing what information is available from various online messaging platforms and providing guidance to various law enforcement agencies on how …
Punitive Surveillance, 2022 COPYRIGHT © 2022 VIRGINIA LAW REVIEW ASSOCIATION PUNITIVE SURVEILLANCE Kate Weisburd* Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone …
Publication • 2022
State of NY OIG -Racial Disparities in the Admin of Discipline in NY State Prisons-Nov. 2022 State of New York Offices of the Inspector General Racial Disparities in the Administration of Discipline in New York State Prisons November 2022 Lucy Lang Inspector General EXECUTIVE SUMMARY The myriad manifestations of systemic …
Article • May 15, 2022 • from CLN June, 2022
Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the smell of marijuana, by itself, no longer creates probable cause to justify a warrantless search of a vehicle …
Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government by Mara Hvistendahl, Sam Biddle Cellebrite’s extensive federal sales come as another Israeli phone-spying firm, NSO Group, falls under federal sanctions. by Mara Hvistendahl, Sam Biddle, The Intercept Investigators with the U.S. Fish and Wildlife Service frequently work to thwart a variety …
Article • May 1, 2022 • from CLN May, 2022
I, Robot, Am The LAW! by J.D. Schmidt Robot Dogs, Lethal Autonomous Weapons, and the Dawn of Robo-dystopia by J.D. Schmidt Back in 1942 when science fiction author Isaac Asimov introduced his “Three Laws of Robotics” in a short story, he was imagining how we could grapple with some of …
Facbook Reminds Police, No Dummy Accounts for Surveillance by Anthony Accurso by Anthony W. Accurso One police tactic that is quickly gaining traction involves surveilling social media posts on sites like Facebook and Twitter, but Facebook (now Meta) is reminding police that fake (or “dummy”) accounts are not allowed. Police …
In a First of Its Kind Alert, Your Phone Became a Police Radio in Search for Subway Shooter by Brooke Kaufman by Brooke Kaufman Brooklyn subway shooting suspect Frank James was arrested by law enforcement officials on Wednesday after a city-wide manhunt led police to a McDonald’s in Manhattan’s East …
Article • April 13, 2022
You Have the Right to Record Law Enforcement Officers — Including at the Border by Brooke Kaufman by Brooke Kaufman Christian Ramirez, a San Diego resident and community organizer and human rights advocate, was at the San Ysidro Port of Entry when he witnessed male U.S. Customs and Border Protection …
Article • April 13, 2022
Postal Inspectors Have Been Illegally Spying on Americans by Brooke Kaufman by Brooke Kaufman A recent report from the Postal Service’s Office of Inspector General (“IG”) uncovered a program of “postal cops” within the U.S. Postal Service. The U.S. Postal Inspection Service’s Analytics and Cybercrime Program is used to “proactively …
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