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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 …
Article • August 15, 2021 • from CLN September, 2021
Digital Dogs, New Technology Designed to Sniff-Out Crime by Michael Fortino, Ph.D by Michael Fortino, Ph.D. If you thought criminal investigations have gone to the dogs, you might be right—digital dogs. Forensic science has now perfected an advanced “crime-sniffing” technology that can detect, at the molecular level, deadly viruses, illegal drugs, …
Article • August 15, 2021 • from CLN September, 2021
Police Use of Facial Recognition May Be Broader Than Expected by Anthony Accurso by Anthony W. Accurso Recent reports reveal that police use of facial recognition software may be far more pervasive than we’ve been led to believe. Clearview AI markets its facial recognition software to law enforcement agencies around …
Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year by Douglas Ankney by Douglas Ankney The law of the land is that the “search incident to arrest” exception to the warrant requirement does not apply to the contents of a cellphone. But what about seizures of cellphones? …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Warrantless Searches
Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Seventh Circuit held that a coworker cannot conduct limitless searches of a defendant’s work area at the direction of a government agent, simply because …
Article • August 13, 2021
$7,500 Settlement for Arrest Without Probable Cause by David Reutter by David M. Reutter The City of Albuquerque, New Mexico, paid $7,500 to settle a lawsuit alleging police officers illegally seized, assaulted, arrested, and maliciously prosecuted Robert Alderete. His lawsuit also alleged the officers illegally searched his vehicle. Alderete entered …
Article • August 2, 2021
Study Reveals that Some Smartphone Breath Alcohol Testing Devices are Inaccurate and Suggests Need for Regulation by Douglas Ankney by Doug Ankney According to a study from the Perelman School of Medicine at the University of Pennsylvania (“PENN”), testing of the accuracy of seven smartphone breath alcohol testing devices revealed …
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