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Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct
Article • October 25, 2018 • from CLN November, 2018
Filed under: Prosecutor/Attorney General Misconduct, Wrongful Conviction
Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct by Steve Horn by Steve Horn Conviction integrity units, known as CIUs and sometimes referred to as conviction review units or CRUs, have in recent years become increasingly widespread in county prosecutors’ offices throughout the U.S. They sit alongside actual …
Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased
Article • October 25, 2018
Filed under: Privacy Act, Police, Fourth Amendment, rights
Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased by Derek Gilna by Derek Gilna FBI forensics specialist Bob Moledor claims that FBI used the lifeless index finger of at least one dead suspect to unlock his iPhone to search for evidence. In 2016, Moledor said the …
Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools
Article • October 24, 2018 • from CLN November, 2018
Filed under: Police State-Surveillance
Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools by Steve Horn by Steve Horn Unbeknownst to college students across the country, their school may be surveilling their social media activity. What may be even more surprising to learn is that even individuals who have no affiliation …
Eleventh Circuit: Sharing Food with Homeless Expressive Conduct Protected by First Amendment
Article • October 15, 2018
Filed under: Police, First Amendment, rights
Eleventh Circuit: Sharing Food with Homeless Expressive Conduct Protected by First Amendment by R. Bailey By R. Bailey The Eleventh Circuit Court of Appeals made the “first pronouncement” by any federal appeals court by addressing an issue of human compassion: the outdoor sharing of food with others. The court found …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague
Article • September 24, 2018 • from CLN October, 2018
Filed under: Parole/Probation Searches, Probation, Sexually Explicit Materials, First Amendment, rights
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress
Article • September 24, 2018 • from CLN October, 2018
Filed under: Police Searches, Search warrants, Fourth Amendment, rights
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Victims’ Rights Laws a Threat to Due Process
Article • September 24, 2018 • from CLN October, 2018
Filed under: Victims
Victims’ Rights Laws a Threat to Due Process by “Marsy’s Law,” an effort to afford victims equal rights as those accused, might seem like a good idea at first blush, but a deeper look shows it is poorly drafted and actually threatens existing constitutional safeguards. Victims’ rights and defendants’ rights …
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate
Article • September 24, 2018 • from CLN October, 2018
Filed under: Search warrants, Evidentiary Ruling, Interpreters
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
Private DNA Lab Under Fire for Faulty Analysis
Article • September 24, 2018 • from CLN October, 2018
Filed under: Private Contractors, DNA Testing/Samples, Crime Labs
Private DNA Lab Under Fire for Faulty Analysis by Christopher Zoukis by Christopher Zoukis National Medical Services, Inc. (“NMS”), a Pennsylvania-based forensics and medical lab, was cited in a recent report by the Texas Forensic Science Commission (“TFSC”) for improperly overamplifying DNA during work for a defense attorney. The “overblown” …
ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
Article • September 24, 2018 • from CLN October, 2018
Filed under: Immigration
ICE Utilizes Military-Style Shock Tactics to Round up Immigrants by The U.S. Immigration and Customs Enforcement’s (“ICE”) military-style raid, where 100 armed agents stormed a store in Ohio to round up suspected illegal immigrants, brought the war on immigrants to a new level, immigrant rights activists charge. While large-scale immigration …
Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC
Article • September 24, 2018 • from CLN October, 2018
Filed under: witness misidentification
Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC by Dale Chappell by Dale Chappell Counsel’s failure to challenge the “stark contrasts” between witness descriptions of a suspect and the defendant clearly affected the jury’s conclusion, the Supreme Court of Louisiana …
Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
Article • September 24, 2018 • from CLN October, 2018
Filed under: Sentencing
Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance by This drug sentencing case is noted for its holding that a sentence imposed by the district court (Judge John Adams of the N.D.Ohio) was procedurally unreasonable because the sentence had been doubled …
Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Procedure
Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement by David Reutter by David Reutter The Supreme Court of Hawaii reversed a DUI conviction because the trial court failed to determine whether the defendant’s “waiver of the right to testify, was …
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search
Article • September 24, 2018 • from CLN October, 2018
Filed under: Arrestee Searches, Police Searches, Search warrants
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that …
Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process
Article • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process by Derek Gilna by Derek Gilna A federal judge in a July 28, 2018, ruling has effectively ended Albuquerque, New Mexico’s civil asset forfeiture program, finding that, “there is a ‘realistic …
Your Papers, May I See Your Papers?
Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Your Papers, May I See Your Papers? by Christopher Zoukis by Christopher Zoukis The United States is one of the only nations left in the world that does not have a national ID card. It also is one of the last remaining places where an individual does not have to …
Hair Analysis a Useful but Not Foolproof Forensic Tool
Article • September 24, 2018 • from CLN October, 2018
Filed under: Crime Labs
Hair Analysis a Useful but Not Foolproof Forensic Tool by Derek Gilna by Derek Gilna Richard Paul, a Bournemouth University, England, chemistry professor and specialist in toxicological hair analysis, maintains that although the relatively new technology can be useful, it is far from foolproof. He cautions that even though the …
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search
Article • September 24, 2018 • from CLN October, 2018
Filed under: Search warrants, Fourth Amendment, rights
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
$9 Million Settlement in Baltimore Wrongful Conviction Case
Article • September 24, 2018 • from CLN October, 2018
Filed under: Settlements, Wrongful Conviction
$9 Million Settlement in Baltimore Wrongful Conviction Case by Christopher Zoukis by Christopher Zoukis Baltimore officials agreed in May 2018 to settle a claim of wrongful conviction brought by a man who spent more than 20 years in prison for a murder he didn’t commit. The city agreed to pay …
Civil Forfeiture Often Focuses on Profit Instead of Public Safety
Article • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Civil Forfeiture Often Focuses on Profit Instead of Public Safety by When Lewis Cain was roused from sleep by police officers in his home demanding the keys to his BMW, he objected. Still, cops drove away in his car. “I have the highest respect for law enforcement, but the Fourth …
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