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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 …
Article • July 15, 2021 • from CLN August, 2021
Physics Offers New Perspective on Blood Spatter Investigations by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Blood Spatter Analysis (“BPA”) for years has been a state of the art, highly-sophisticated forensic consideration in determining the trajectory and origin of a crime scene gunshot, yet recent advancements in physics have now …
Article • June 15, 2021 • from CLN July, 2021
Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) reversed Jesse Adrian Martinez’s conviction after determining that the Court of Appeals (“COA”) misapplied the factors of Brown …
Article • June 15, 2021 • from CLN July, 2021
Report Shows Cellphone Searches Common by Jayson Hawkins by Jayson Hawkins The FBI and the Department of Homeland Security have recently engaged in a series of very public quarrels with tech companies over the inability to unlock and search the smartphones of suspects in high-profile murder and terrorism cases. Companies …
Article • June 15, 2021 • from CLN July, 2021
Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions by Derek Gilna by Derek Gilna In April of 2021, Brooklyn district attorney announced that he will seek the dismissal of over 90 drug convictions obtained as a result of false testimony by New …
Article • June 15, 2021 • from CLN July, 2021
Report: U.S. Border Patrol Not Nearly as Nice as It Claims by Edward Lyon by Ed Lyon Most Americans are probably aware that the U.S. deploys a police force of sorts called the Border Patrol along the country’s Southern border and might be surprised by its growth. Prior to the …
Article • June 15, 2021 • from CLN July, 2021
Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a refusal to submit to a warrantless blood test could not be used as …
Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the smuggling of persons across the U.S.-Mexico border alone did not justify the nonconsensual, warrantless search …
Article • June 15, 2021 • from CLN July, 2021
West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia held that an Emergency Protective Order (“EPO”) issued pursuant to West Virginia Code § 48-27-403 (2006) (“EPO Statute”) is not a de facto search warrant. Jeffery …
Publication • 2021
U.S. Office of Deputy Attorney General, Chokeholds & Carotid Restraints and Knock & Announce Policy, 2021 U.S. Department of Justice Office of the Deputy Attorney General The Deputy Attorney General Washington , D.C. 20530 September 13, 2021 MEMORANDUM FOR ACTING DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES ADMINISTRATOR, DRUG …
Publication • 2021
Struggle for Power - the Ongoing Persecution of Black Movement by the US Government, 2021 STRU R E W O P R O F E L GG LACK B F ON O I T ENT U M C N E VER ERS O P G G . U.S GOIN E …
Article • May 15, 2021 • from CLN June, 2021
Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit held that a police officer’s seizure of a firearm from a vehicle was unreasonable because an inventory of the vehicle was abandoned, and the …
Article • May 15, 2021 • from CLN June, 2021
Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Ohio, it held that “driving on” or “touching” the single solid white longitudinal line on the right-hand edge of a roadway (aka “fog …
Article • May 15, 2021 • from CLN June, 2021
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …
Article • May 15, 2021 • from CLN June, 2021
New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed by Anthony Accurso by Anthony Accurso The Supreme Court of New Hampshire held that a defendant had a reasonable expectation of privacy in his apartment’s utility closet and …
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