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Article • September 1, 2024 • from CLN September, 2024
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
Article • September 1, 2024 • from CLN September, 2024
Filed under: News in Brief
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
Article • September 1, 2024 • from CLN September, 2024
Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD by Jo Ellen Nott by Jo Ellen Nott A ProPublica investigation published in May 2024 has uncovered significant reliability issues with the New York Police Department’s (“NYPD”) public database for tracking officer …
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney by Douglas Ankney In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when …
Article • September 1, 2024 • from CLN September, 2024
Filed under: Forfeiture
Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’ by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana recently issued a decision clarifying the procedural framework, relevant pleading standards, and the State’s evidentiary burden before it may lawfully seize a citizen’s money …
Article • September 1, 2024 • from CLN September, 2024
California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth District, reversed a trial court’s refusal to grant compassionate release to a defendant diagnosed with amyotrophic lateral sclerosis (“ALS”) who had less …
Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Eastern District of Missouri erred by concluding …
Article • September 1, 2024 • from CLN September, 2024
Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the …
Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers by Sam Rutherford by Sam Rutherford The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a …
Article • September 1, 2024 • from CLN September, 2024
Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in …
Article • September 1, 2024 • from CLN September, 2024
Filed under: Mail Regulations
Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal by Jo Ellen Nott by Jo Ellen Nott A congressional probe revealed that the U.S. Postal Service (“USPS”) has shared a decade’s worth of data with law enforcement. This information, known as metadata, is gathered from the outside of envelops …
Article • September 1, 2024 • from CLN September, 2024
AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review by Jo Ellen Nott by Jo Ellen Nott Axon announced the launch of Draft One, a technology that the company calls its newest public safety product, on April 23, 2024. This AI system generates police reports from the …
Article • September 1, 2024 • from CLN September, 2024
Maryland Eliminates Parole Fees by Douglas Ankney by Douglas Ankney With the passage of House Bill 531 (“HB 531”), Maryland eliminated the $50 parole fee charged to people returning home from prison. HB 531 also ended the $100 fee charged for drug and alcohol testing. Championed by the nonprofit BUILD …
Article • September 1, 2024 • from CLN September, 2024
Filed under: junk science, DNA Evidence
Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases by Jo Ellen Nott by Jo Ellen Nott 20th Judicial District Court Judge Patrick Butler unsealed a troubling internal affairs report from the Colorado Bureau of Investigation (“CBI”) …
Article • September 1, 2024 • from CLN September, 2024
Forensic Microbiology and Criminal Investigations by Douglas Ankney by Douglas Ankney According to microbiologists, every individual has a “unique community of microorganisms on and within their body.” These communities, known as “microbiomes,” consist of microbes “specific to different parts of the body, can persist over long periods of time and …
First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where …
Article • September 1, 2024 • from CLN September, 2024
Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls by Douglas Ankney by Douglas Ankney In May of 2024, Shelly Bradbury reported in the Denver Post that “[a] handful of local law enforcement agencies are considering using drones as first responders, that is, …
Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million by Douglas Ankney by Douglas Ankney On June 5, 2024, Plaintiff Yareni Rios-Gonzalez agreed to accept payment of $8.5 million from Defendants Town of Platteville, Colorado, and the City of Fort Lupton to settle her …
Article • September 1, 2024 • from CLN September, 2024
California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in by David Reutter by David M. Reutter The Court of Appeal of California, …
The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson by Michael Dean Thompson The American Civil Liberties Union (“ACLU”) successfully sued for access to FBI information regarding cell-site simulators (“CSS”). For years, the FBI has used nondisclosure agreements (“NDA”) to hide their use …
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