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Article • May 15, 2021 • from CLN June, 2021
Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One by John W. Whitehead by John W. Whitehead and Nisha Whitehead, The Rutherford Institute – Commentary “If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, …
Article • May 15, 2021 • from CLN June, 2021
Reverse Location Warrants Neglect Particularity Requirement by Casey Bastian by Casey J. Bastian Federal and state law enforcement agencies have been increasingly using mobile device data warrants as a modern investigative tool. Authorities present technology service providers, such as Google, with “reverse location” warrants seeking electronic data information of all …
Article • May 15, 2021 • from CLN June, 2021
Cops Increasingly Use Amazon Ring to Target Protestors by Dale Chappell by Dale Chappell Some peaceful protestor may not mind the police having video of their protected right to assemble and push for change. But then there are some who would rather not have their face uploaded to a law …
Article • May 15, 2021 • from CLN June, 2021
Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row by Casey Bastian by Casey J. Bastian Eddie Lee Howard, now 67, is a Black man who spent more than a quarter-century fighting not only to prove his innocence, but for his very life. …
Article • May 15, 2021 • from CLN June, 2021
$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years by Dale Chappell by Dale Chappell After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but …
Article • May 15, 2021 • from CLN June, 2021
Data: NYPD Still Using Chokeholds Despite Ban by Kevin Bliss by Kevin Bliss Chokeholds are considered deadly and explicitly prohibited according to the New York Police Department (“NYPD”) patrol guide. Yet in practice, low-grade punishment does little to prevent the maneuver from being used in abundance by police. ProPublica, a …
Article • May 15, 2021 • from CLN June, 2021
New Book Scrutinizes Data-Driven Policing by by Jayson Hawkins The protests in the summer of 2020 after the murder of George Floyd have succeeded in calling much of how American police operate into question. Though most of the focus has been on the use of deadly force, there have been …
Article • May 15, 2021 • from CLN June, 2021
Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that 120 Code Mass. Regs. § 200.08(3)(c) (2017), a regulation promulgated by the Massachusetts Parole Board, is invalid because it “is contrary …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Cost of Prison Systems
Austin, Texas, Diverting Funds From Police to Transform Community by Edward Lyon by Ed Lyon Despite being the capital of the nation’s largest Red state, Austin, Texas, is as liberally Blue as a city can be, proudly sporting the motto “KEEP AUSTIN WEIRD.” Whether weird or empathetic, Austin has made …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Consent
It’s Time to Reconsider Consent Searches by Anthony Accurso by Anthony Accurso Police generally need a warrant toconduct a search or seizure in the U.S., though this rule has garnered a few exceptions since being enshrined in the Constitution’s Fourth Amendment. One such exception is when a person “consents” to …
Article • May 15, 2021 • from CLN June, 2021
Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection? by Douglas Ankney by Douglas Ankney Larry Krasner is Philadelphia’s well-known progressive and reform-minded District Attorney. He was elected in 2017, promising he would work toward ending mass incarceration and radically change the way …
Article • May 15, 2021 • from CLN June, 2021
Extreme Prosecutorial Misconduct Results in Wrist Slap by Edward Lyon by Ed Lyon There is evidence of legal systems, considered primitive by some, that have required a false accuser to face the same punishment the falsely accused would have had to suffer had the false accusations resulted in a conviction. …
Article • May 15, 2021 • from CLN June, 2021
Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety by Casey Bastian by Casey Bastian A Loyola University Chicago study, which was funded by the John D. and Catherine T. MacArthur Foundation, closely examined a 2017 Cook County, Illinois, bail reform initiative and its impact on public safety. All too often, …
Article • May 15, 2021 • from CLN June, 2021
When Police Body Cam Is a ‘Propaganda Tool’ by Edward Lyon by Ed Lyon There is a push throughout the world to equip police with body cams. It seems to be widely believed that this will reduce incidents of police brutality. However, “[w]hen the police are given the discretion to …
Article • May 15, 2021 • from CLN June, 2021
Internet-Connected Devices and the Fourth Amendment by Anthony Accurso by Anthony Accurso Angel Diaz, a staff expert with the Brennan Center for Justice, recently published a report on internet-connected devices titled “Law Enforcement Access to Smart Devices.” This report is part of an ongoing project by Diaz, counsel with the …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Tapes/Music
Are Police Playing Copyrighted Music to Prevent Live Streaming? by Anthony Accurso by Anthony Accurso Police in Beverly Hills have picked-up a new trick, seemingly intended to avoid accountability: playing copyrighted music when being filmed by citizens. Sennett Devermont is a well-known, LA-area activist with over 300,000 followers in Instagram. …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Sexual Assault, Mens Rea
Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota clarified the meaning of “mentally incapacitated” as used in Minn. Stat. § 609.341, subdivision 7 (2020). A jury convicted Francios Momolu Khalil of third-degree criminal sexual …
Article • May 15, 2021 • from CLN June, 2021
Leaving Digital Trails by Jayson Hawkins by Jayson Hawkins In the fast-paced digital world of ever-increasing convenience, few people can be bothered with reading the fine print. Yet the devil lurks in the details, and by clicking “I agree” to the terms of a phone app, an always-on device, or …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Suspicionless Searches
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer …
Filing • May 13, 2021
HRDC v. Board of Commissioners for Adams County, CO, Joint Motion for Order of Dismissal with Prejudice, Censorship, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:20-cv-02665-PAB HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS FOR ADAMS COUNTY,COLORADO;RICHARD REIGENBORN, Sheriff, in …
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