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Article • December 15, 2021 • from CLN January, 2022
Filed under: Warrantless Searches
Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful by Anthony Accurso by Anthony W. Accurso The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that …
Article • December 15, 2021 • from CLN January, 2022
Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant …
Article • December 15, 2021 • from CLN January, 2022
Secret CBP Teams New DHS Weapon of Mass Surveillance by Jayson Hawkins by Jayson Hawkins The American police state and accompanying surveillance apparatus has a long history dating back to the first Red Scares and beyond. The exponential growth of police presence engendered by the “wars” on crime and drugs …
Article • December 13, 2021
It’s Rough Being a Spy Under the Watchful Eye of Big Brother by Jo Ellen Nott by Jo Ellen Nott A digital world that never sleeps and the proliferation of surveillance devices in the 21st century have irrevocably altered spycraft. The modus operandi of spies before the technological revolution, concocting …
Article • November 15, 2021 • from CLN December, 2021
ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move by Michael Kwet The tool is the product of a growing industry whose work is usually kept from the public and utilized by police. by Michael Kwet, originally published by The Intercept, September 21, 2021 A Michigan …
Article • November 15, 2021 • from CLN December, 2021
Racist Police Violence Reconsidered by John McWhorter by John McWhorter, Quillette.com Tony Timpa was 32 years old when he died at the hands of the Dallas police in August 2016. He suffered from mental health difficulties and was unarmed. He wasn’t resisting arrest. He had called the cops from a …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage …
Article • November 15, 2021 • from CLN December, 2021
Law Proposed to End Sales of Private Data to Law Enforcement by Anthony Accurso by Anthony W. Accurso A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including …
Article • November 15, 2021 • from CLN December, 2021
Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional …
Article • November 2, 2021
SCOTUS Maintains Hands-Off Approach to Secretive Government Surveillance Court by Chuck Sharman by Chuck Sharman The Supreme Court of the United States (“SCOTUS”) on November 1, 2021, declined to consider a motion to force the federal government’s secretive Foreign Intelligence Surveillance Court (“FISC”) to publish its opinions. The decision not …
Article • October 15, 2021 • from CLN November, 2021
An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting by Jayson Hawkins by Jayson Hawkins Ever since smartphones became indispensable to everyone, including criminals, police have been working to snoop into the wave of electronic communication these devices facilitate. From searching phones to …
Brief • September 23, 2021
Filed under: Unlawful Entry/Conduct
Webb v. English, FL, Order, Unlawful Search, 2021 Case 3:19-cv-00975-MMH-JBT Document 78 Filed 09/23/21 Page 1 of 44 PageID 1380 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION DILLON S. WEBB, Plaintiff, v. Case No. 3:19-cv-975-MMH-JBT TRAVIS M. ENGLISH, MARK A. HUNTER, Sheriff, and CHAD KIRBY, Defendants. ORDER …
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause by Anthony Accurso by Anthony W. Accurso Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic …
Article • September 15, 2021 • from CLN October, 2021
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic …
Article • August 20, 2021
EFF To Google: Stop Rolling Over For Law Enforcement 'Geofencing' by With a market capitalization as of August 2021 of over $1.8 trillion, Alphabet—the parent company of Google—is worth more than the annual economic output of all but nine countries. The firm, which unlocks the Internet to most U.S. users, …
Fired Southern California White Cop Ordered To Stand Trial for Filing False Report About Brutal Arrest of Black Man for Smoking At Trolley Station by A fired White cop caught on camera brutalizing a Black man for allegedly smoking a cigarette at a Southern California trolley stop was ordered to …
Article • August 15, 2021 • from CLN September, 2021
Big Brother Is Watching You Through Your Car by Jayson Hawkins by Jayson Hawkins More people are becoming aware that personal data is the currency of the Information Age in which we are living. Many have grown accustomed to taking steps to protect privacy on their phones and other digital …
Article • August 15, 2021 • from CLN September, 2021
Warrantless Warrants and Crooked Courts in Chicago by Jayson Hawkins by Jayson Hawkins Recent media coverage of police brutality and other flagrant violations of civilians’ rights has offered numerous candidates for the dubious distinction of worst law enforcement agency in the U.S. The competition is stiff, but an investigation by …
Article • August 15, 2021 • from CLN September, 2021
Details Surface About Firm That Hacked iPhone for the FBI in 2016 by Anthony Accurso by Anthony W. Accurso It was in 2016 that a shooting in San Bernardino, California, sparked legal action in which the FBI attempted to use the courts to force Apple to enable a vulnerability that …
Article • August 15, 2021 • from CLN September, 2021
SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home by Douglas Ankney by Doug Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the “community caretaking” function of police announced in Cady v. Dombrowski, 413 U.S. 433 (1973), which …
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