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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 …
Article • October 29, 2018 • from CLN November, 2018
New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA by Dale Chappell by Dale Chappell Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
Article • September 24, 2018 • from CLN October, 2018
Private DNA Lab Under Fire for Faulty Analysis by Christopher Zoukis by Christopher Zoukis National Medical Services, Inc. (“NMS”), a Pennsylvania-based forensics and medical lab, was cited in a recent report by the Texas Forensic Science Commission (“TFSC”) for improperly overamplifying DNA during work for a defense attorney. The “overblown” …
Article • September 24, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that …
Article • September 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
Article • September 24, 2018 • from CLN October, 2018
Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors by Christopher Zoukis by Christopher Zoukis The former director of forensic science at the New York Department of Criminal Justice Services (“DCJS”) said the Office of Forensic Science (“OFS”) made three “catastrophic” DNA identification errors and falsified …
Article • September 23, 2018 • from CLN October, 2018
Filed under: DNA Testing/Samples
ACLU Questions Trade Secrets Protecting DNA Testing Algorithms by Dale Chappell by Dale Chappell DNA testing can be flawed, often in complex ways. However, courts have held that a defendant fighting for his life in court cannot verify if the DNA being used against him was properly tested, because this …
Article • September 23, 2018 • from CLN October, 2018
$28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit by Kevin Bliss by Kevin Bliss The U.S. Court of Appeals for the Eighth Circuit affirmed a jury’s verdict that awarded six wrongfully convicted individuals approximately $28.1 million in connection with their 42 U.S.C. § 1983 claims and parallel …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 23, 2018 • from CLN October, 2018
NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell by Dale Chappell The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him …
Publication • September 10, 2018
ACLU Smart Justice Montana - Set Up to Fail - Montana's Probation and Parole System, 2018 Acknowledgments The ACLU of Montana expresses its deepest appreciation to those who contributed their time, expertise, and personal stories to this report. Those most impacted by the inequities and flaws of the probation and …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
Article • August 17, 2018 • from CLN September, 2018
Drug Detection Using Fingerprints in the Works by Matthew Clarke by Matt Clarke According to techdirt.com, scientists at the University of Surrey in the United Kingdom have developed a new forensic technique that, in as little as 30 seconds, analyzes sweat found along the ridges of fingerprints to determine whether …
South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest by Dale Chappell by Dale Chappell Law enforcement must secure a warrant prior to obtaining a urine sample from an arrestee, the Supreme Court of South Dakota …
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