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Article • March 16, 2018 • from CLN April, 2018
Video: A Two-Edged Sword by Michael Avery by Michael Avery A great deal has changed since I started bringing civil rights suits against the police almost 50 years ago. Some things are for the better, others for the worse. Unfortunately, there’s also much that hasn’t changed. The cops are still …
Article • March 12, 2018
Cops Strip Search Woman in Public...Charges Dropped by Matthew Clarke by Matt Clarke On August 4, 2017, prosecutors dropped criminal charges against two Harris County sheriff's deputies who publicly performed a body cavity search on a Black woman on June 20, 2015. This prompted her attorney, Sam Cammaack, to release …
Pauly v. White, Amicus, 2018 No. 17-1078 In the Supreme Court of the United States __________ Daniel T. Pauly, et al., Petitioners, v. Ray White, et al., Respondents. __________ On Petition For Writ Of Certiorari To The United States Court of Appeals For The Tenth Circuit __________ BRIEF OF THE …
Article • February 16, 2018 • from CLN March, 2018
Filed under: DNA Testing/Samples
DNA Sketches Answer Prayers, Raise Concerns by Dale Chappell by Dale Chappell When Chantay Blankinship was killed in May 2016 in Brown County, Texas, the police had no leads other than DNA found at the crime scene. Her family isolated themselves out of fear the killer could be right next …
Article • February 16, 2018 • from CLN March, 2018
Research Needed: Do Drug Dogs Respond to Drugs or Handler? by Christopher Zoukis by Christopher Zoukis The use of drug detecting dogs in law enforcement is ubiquitous across the country. They are a popular tool among police agencies, because a drug dog’s “alert” provides the probable cause necessary to legally …
Article • February 16, 2018 • from CLN March, 2018
Questioning the Use of DNA Testing Software in Criminal Prosecution by Christopher Zoukis by Christopher Zoukis The use of DNA evidence in criminal trials has become ubiquitous. Because DNA evidence is highly persuasive to judges and juries, several new tests purport to make positive DNA matches using minuscule amounts of …
Article • February 16, 2018 • from CLN March, 2018
CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case by Richard Resch by Richard Resch The Court of Appeal of California, First Appellate District, ruled that evidence obtained in violation of the Fourth Amendment and the California Constitution should have been suppressed, and it reversed defendant’s …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches, Police Searches
Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated by David Reutter by David Reutter The Idaho Supreme Court reversed a district court’s denial of a motion to suppress evidence obtained in a suspicionless fishing expedition by the arresting officer. Matthew Cohagan was on a street corner in Nampa, Idaho when …
Article • February 16, 2018 • from CLN March, 2018
Houston Police End Use of Error-Prone Drug Field Tests by Matthew Clarke by Matthew Clarke In the summer of 2017, the Houston Police Department announced that it was ending its longstanding practice of using $2 field test kits for drugs that had frequently been used to persuade defendants to plead …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches
Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution by Richard Resch by Richard Resch Police obtained a search warrant for a residence. Jeffrey Sickles was identified as a person to be searched in the warrant. An attached police affidavit stated that his sister listed …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Searches, Immigration
“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices by Dale Chappell by Dale Chappell The American Civil Liberties Union (“ACLU”) and Electronic Frontier Foundation (“EFF”) filed a federal lawsuit against the Department of Homeland Security (“DHS”), Customs and Border Protection, and Immigration and Customs Enforcement in the United …
Article • January 19, 2018 • from CLN February, 2018
North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search by David Reutter by David Reutter The North Dakota Supreme Court held a defendant cannot be criminally prosecuted for refusing a warrantless urine test incident to an arrest for driving under the influence of a …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to suppress evidence obtained during a warrantless cellphone search. The …
Article • January 19, 2018 • from CLN February, 2018
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance by Mark Wilson by Mark Wilson The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that …
Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued by Mark Wilson by Mark Wilson The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce …
Article • January 19, 2018 • from CLN February, 2018
Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1) by The Oregon Court of Appeals reversed a lower court’s order, striking a defendant’s motion to suppress for failure to comply with a court rule. Uniform Trial Court Rule (“UTCR”) 4.060(1) mandates that a motion …
Article • January 19, 2018 • from CLN February, 2018
Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...) by Christopher Zoukis by Christopher Zoukis It’s 3 a.m. Do you know what your cell phone is doing? With the advent of stingray technology, it just might be reporting your location to government officials. Or it might …
Publication • January 1, 2018
"It Makes Me Want to Cry" Visiting Rikers Island ‘It Makes Me Want to Cry’: Visiting Rikers Island NYC Jails Action Coalition January 2018 TABLE OF CONTENTS Introduction 1 Section I: The Importance of Visits 1 Section II: Visiting Rikers Island 2 Section III: What Visitors Say About Visiting 3 …
Article • December 27, 2017
Seventh Circuit Rejects Demand for Recusal in Milwaukee Strip-Search Cases by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit recently denied the City of Milwaukee's attempt to force the removal of the judge presiding over several unconstitutional police strip-search cases on the basis …
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