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Article • May 15, 2021 • from CLN June, 2021
Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant by Anthony Accurso by Anthony Accurso In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was …
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
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
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
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 • April 15, 2021 • from CLN May, 2021
Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that the insertion of a car key into a lock of a vehicle’s door by police …
Article • April 15, 2021 • from CLN May, 2021
Surveillance and the City by Jayson Hawkins by Jayson Hawkins The year 2020 was one most people would like to forget, yet for the nine cities that fell in the crosshairs of Operation Legend, the repercussions will be felt for years to come. Operation Legend was a U.S. Department of …
Article • April 15, 2021 • from CLN May, 2021
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ by Douglas Ankney by Douglas Ankney The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises. …
Article • April 15, 2021 • from CLN May, 2021
Tracking Browser History by Jayson Hawkins by Jayson Hawkins Technology, like any drug, is a tool that can be used for good or abused for ill. Yet there is some tech so invasive and insidious by nature that government leaders must deny ever having utilized it – at least until …
Article • April 15, 2021 • from CLN May, 2021
Tech Company Enables Surveillance by Jayson Hawkins by Jayson Hawkins A little-known tech company in Texas has altered the landscape of digital police surveillance. Hawk Analytics, headquartered in Bartonville, has developed software that streamlines the process police use to turn the huge quantities of information they get from cellular companies …
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests by Douglas Ankney by Douglas Ankney The Michigan State Police (“MSP”) made admissions in a lawsuit revealing that top officials within the MSP used a text-messaging encryption app that causes messages to self-destruct once deleted, leaving …
Article • April 15, 2021 • from CLN May, 2021
Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant by Anthony Accurso by Anthony Accurso The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is …
Article • April 3, 2021
End Controversial Programs That Fund Surveillance Tech by Anthony Accurso By Anthony Accurso The incoming Biden administration has promised to work on the issues of inequity in policing and racial inequity. These issues are intertwined and will be mostly complicated to solve. However, President Biden could start by issuing executive …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
Article • March 15, 2021 • from CLN April, 2021
New Drone Tech Being Deployed by Police by Anthony Accurso by Anthony Accurso Law enforcement use of unmanned aerial vehicles, UAVs or “drones,” became more common during the pandemic and nationwide protests, but new drone technology being deployed by police departments has troubling implications for civil rights. Chula Vista, a …
Article • March 15, 2021 • from CLN April, 2021
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences …
Brief • March 12, 2021
Lieberman v. Portage County, WI, Judgment, Violation of Surveillance Act, 2021 Case: 3:18-cv-00450-jdp Document #: 149 Filed: 03/12/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRJCT OF WISCONSIN BRETT LIEBERMAN, individually and on behalf of all others similarly situated, Plaintiff, v. PORTAGE COUNTY, MIKE …
Article • February 15, 2021 • from CLN March, 2021
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
Article • February 15, 2021 • from CLN March, 2021
Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to …
Article • February 15, 2021 • from CLN March, 2021
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to …
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