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Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Article • July 21, 2018 • from CLN August, 2018
Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon? by Steve Horn by Steve Horn Social media, broadly defined as encompassing popular websites, and smartphone applications such as Facebook, Twitter, Instagram and others, has been pointed to by many as a potentially revolutionary avenue through which …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch by Richard Resch The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework …
Article • July 21, 2018 • from CLN August, 2018
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Article • July 21, 2018 • from CLN August, 2018
Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property by Dale Chappell by Dale Chappell Probationers have a limited, but constitutionally protected, privacy interest that does not permit community correction officers (“CCO”) to conduct open-ended property searches. Instead, the warrantless search must …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Police Searches
Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant by Dale Chappell by Dale Chappell A search warrant with checkboxes generally describing the purpose of the warrant lacked particularity and probable cause and was an unconstitutional “general search warrant,” the Supreme Court of Missouri held. The Court …
Article • July 20, 2018 • from CLN August, 2018
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn by Steve Horn The more things change, the more they stay the same. That’s a truism to many observers of history and politics, but in the orbit of the U.S. criminal legal system, it’s literally governed by …
Article • July 20, 2018 • from CLN August, 2018
SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional by Richard Resch by Richard Resch In a May 29, 2018 opinion, the Supreme Court of the United States (“SCOTUS”) held that the automobile exception to the Fourth Amendment does not permit law enforcement to enter the curtilage of a home, …
Article • July 8, 2018
$25,000 Settlement Offer from NYPD over Assault, False Arrest Accepted by Parolee by Christopher Zoukis by Christopher Zoukis Jose Perez, a parolee who was assaulted, arrested and re-imprisoned over charges that were later dismissed, agreed to a $25,000 settlement with New York City in response to a federal suit alleging …
Article • July 8, 2018
$30,000 Settlement for Brooklyn Man Falsely Arrested by NYPD by Christopher Zoukis by Christopher Zoukis Derrick Baxton, who was arrested by officers of the New York Police Department with no evidence of wrongdoing, settled his federal civil rights lawsuit with the city of New York for $30,000.      On February …
Article • July 7, 2018
$1.25M Settlement for Chicago Man Coerced into Confessing to Rape and Murder by Christopher Zoukis Harold Hill, who was coerced into confessing to a rape and murder, and freed from prison when DNA evidence exonerated him nearly 13 years later, settled with the Chicago Police Department for $1,250,000. Attorney's fees …
Greene v. City of Norwalk, CT, Settlement, Excessive Force by Police, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is entered into by Cody Greene ("Mr. Greene") and the City of Norwalk ("the City"), Officer Steven Luciano ("Luciano"), Officer Adam Mulkern ("Mulkern"), Officer Felipe Taborda …
Dept. of Homeland Security Office of Inspector General - ICE's Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements, 2018 ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements June 26, 2018 OIG-18-67 DHS OIG HIGHLIGHTS ICE’s …
Article • June 18, 2018 • from CLN July, 2018
Filed under: Searches
10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Tenth Circuit reversed a lower court’s decision to deny a …
Article • June 18, 2018 • from CLN July, 2018
Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites by Steve Horn by Steve Horn The use of DNA-based genealogy websites to track down Joseph DeAngelo — the “Golden State Killer” suspect — appears to have inspired police departments nationwide. It’s a move that has irked privacy advocates …
Article • June 18, 2018 • from CLN July, 2018
Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging …
Article • June 17, 2018 • from CLN July, 2018
Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile by Matthew Clarke by Matt Clarke On March 6, 2018, the Supreme Court of Ohio held that the State must provide a prisoner the DNA profile created after his application for post-conviction DNA testing of crime-scene evidence was granted. …
Article • June 16, 2018 • from CLN July, 2018
New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke by Matt Clarke On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to …
Article • June 16, 2018 • from CLN July, 2018
Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch by Richard Resch In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant …
Article • June 16, 2018 • from CLN July, 2018
Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment by Dale Chappell by Dale Chappell Evidence retrieved from a purse unlawfully removed from a vehicle after an arrest violated the Fourth Amendment, despite the existence of a …
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