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Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law by Douglas Ankney by Douglas Ankney The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the …
Article • December 15, 2020 • from CLN January, 2021
Futuristic Crime Predictor Targets, Monitors People Across Florida County by David Reutter by David M. Reutter When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would …
Article • December 15, 2020 • from CLN January, 2021
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
Article • December 15, 2020 • from CLN January, 2021
Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on October 21, 2020, that there was no probable cause to search cellphones found on someone who was found in close …
Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag. Kimberly Marie Nye was …
Article • November 15, 2020 • from CLN December, 2020
Federal Judges Beginning to Reject Geofence Warrants by Anthony Accurso by Anthony Accurso Geofence warrants have become a common way for law enforcement to link a crime to a suspect using data gathered from smartphones. However, this process is legally dubious, and two federal judges from the district court in …
Article • November 15, 2020 • from CLN December, 2020
Proliferation of Police Drones Feeds Big Brother’s Need for Big Data by Anthony Accurso   by Anthony Accurso A recent article by Nick Mottern on Truthout.org highlights the growing trend of big data collection made possible by tech in policing, specifically the proliferation of drones with cameras. Julie Weiner was …
Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status by Anthony Accurso   by Anthony Accurso The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer …
Article • October 18, 2020
Your Neighborhood Does Not Need an Automated License Plate Reader by Anthony Accurso by Anthony W. Accurso Companies are targeting Homeowners Associations and Neighborhood Associations as potential customers for Automated License Plate Readers (ALPRs), promising the devices will keep neighborhoods safe. However, there is no evidence these devices improve safety, …
Article • October 15, 2020 • from CLN November, 2020
Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person by Anthony Accurso by Anthony Accurso The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an …
Article • October 15, 2020 • from CLN November, 2020
Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …
Article • October 15, 2020 • from CLN November, 2020
Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the passage of eight months from the time of the unlawful seizure of Nikolay P. Bocharnikov until he gave his …
Article • September 30, 2020
Three New Tools for Identifying Who’s Watching You by Dale Chappell by Dale Chappell With the countless ways the government can collect data on you, the Electronic Frontier Foundation (“EFF”) has introduced three new tools to help you identify what technologies are being used by government agencies to watch you. …
Article • September 30, 2020
Report: Death Penalty is ‘Descendant of Slavery, Lynching’ by Dale Chappell by Dale Chappell In 2017, the U.S. Supreme Court overturned the death sentence of Duane Buck, a Black man who was painted by an expert at trial as more dangerous and deserved to die simply because he was Black. …
Article • September 22, 2020
Doorbell Cameras Warn Homeowners of Police Searches and Raids by Dale Chappell by Dale Chappell Touted as a convenient way to monitor who’s at your front door, internet-enabled doorbell cameras send alerts to users’ cellphones where they can view the camera footage in real-time from a remote location. It’s a …
Article • September 15, 2020 • from CLN October, 2020
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Article • September 15, 2020 • from CLN October, 2020
Policing and Racial Bias by Kevin Bliss by Kevin Bliss Recent incidents of police shootings of unarmed civilians such as Michael Brown in Ferguson, Missouri; Tamir Rice in Cleveland, Ohio; and Breonna Taylor in Louisville, Kentucky, have sparked an interest into the psychology of the police and the effects of …
Article • September 15, 2020 • from CLN October, 2020
Government Agencies Expand Use of Private Companies to Bypass Constitution by Casey Bastian by Casey Bastian Most Americans are not aware that Vigilant Solutions has a product called “Law Enforcement Archival Reporting.” U.S. Customs and Border Protection (“CBP”) knows about it and reportedly uses its database to conduct warrantless surveillance. …
Article • September 15, 2020 • from CLN October, 2020
When Police Caught Lying, the Spin Begins by Edward Lyon by Ed Lyon Traditionally, police have been the ones to call when a common citizen has been assaulted, robbed, had his home burgled, or a car stolen. They were called noble, even honorable names like Blue Knights or New Centurions …
Risk Assessment Tools Perpetuate Inherent Biases and Prejudices by Kevin Bliss by Kevin Bliss Critics contend that the new bail reform risk assessment (“RA”) tools are corrupted in use and perpetuate the same racial and monetary biases that brought the practice of bail assignment into question to begin with. Most …
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