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Article • February 15, 2021 • from CLN March, 2021
Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held that merely gesturing with a hand that a defendant possessed a gun during a robbery and ordering bystanders …
Article • February 15, 2021 • from CLN March, 2021
Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to …
Article • February 15, 2021 • from CLN March, 2021
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect …
Article • January 15, 2021 • from CLN February, 2021
Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …
Article • January 15, 2021 • from CLN February, 2021
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
Article • January 15, 2021 • from CLN February, 2021
Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications by Anthony Accurso by Anthony Accurso On Election Night, November 3, 2020, Michigan voters approved a ballot measure amending the state constitution to add electronic data and communications to the category of items protected from unreasonable searches and seizures. …
Article • December 15, 2020 • from CLN January, 2021
Startup Surveils Communities of Color for Police Using Twitter by Anthony Accurso by Anthony Accurso Twitter-oriented startup Dataminr markets itself as offering an AI-enabled tool designed to identify “threats” in real-time by scanning Twitter posts. Reporting by The Intercept shows, however, that humans are scanning Twitter feeds and creating “alerts” …
Article • December 15, 2020 • from CLN January, 2021
Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within …
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 …
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