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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 …
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 …
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