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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 …
Article • August 28, 2020
Why We Need to Keep the Communications Decency Act Intact by Dale Chappell by Dale Chappell While the First Amendment of the U.S. Constitution protects our right to free speech, a federal law that protects platforms and users who repost that free speech is under attack and at risk from …
Article • August 26, 2020
Hackers Expose Hundreds of Thousands of Documents Containing Subscriber Info Google Turned Over to Law Enforcement by Dale Chappell by Dale Chappell Hackers dug into servers of a hosting company in Texas used by law enforcement and found that hundreds of thousands of documents from more than 200 agencies contained …
Article • August 21, 2020
Triaging Evidence Can Lead to Oversights and Misinterpretation by Anthony Accurso by Anthony Accurso A study from the UK found that triaging digital evidence can lead to oversights and misinterpretation when the process is not designed or implemented in a way that guards against such failures. The data, published in …
Article • August 19, 2020
EFF Releases Database that Tracks Law Enforcement’s Use of High Tech Surveillance Gear by Douglas Ankney by Douglas Ankney The Electronic Frontier Foundation (“EFF”) partnered with Reynolds School of Journalism at the University of Nevada-Reno (“RSJ”), to release for use by journalists, academics, and the general public a database containing …
Extending the Surveillance State During the Pandemic by Anthony Accurso by Anthony W. Accurso Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, …
Article • August 15, 2020 • from CLN September, 2020
Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization by Dale Chappell by Dale Chappell As Congress looks to renew the PATRIOT Act, some members of Congress and privacy advocates are concerned about privacy issues because Congress has no idea what internet data the government …
Pasadena Alternative Care, Inc. v. County of Los Angeles, CA, Settlement Agreement, Unlawful Seizure and Destruction of Property, 2020 SETTLEMENT AGREE.Mti:NT ANU MU'I'UAL GENERAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE (the "Agreement") is entered into by and between Pasadena Alternative Care Inc. ("Plaintiff'), on the one hand, and …
Article • July 15, 2020 • from CLN August, 2020
Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a deputy trying to help a woman retrieve her belongings by opening the lid to a …
Article • July 15, 2020 • from CLN August, 2020
Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a warrant authorizing a general search of Pamela Kay Coke’s cellphone was overbroad and violated the Fourth Amendment’s particularity requirement. Fifteen-year-old T.F. told …
Article • July 15, 2020 • from CLN August, 2020
Oklahoma Enacts Jailhouse Informant Law, Joins Other States by Dale Chappell by Dale Chappell A new law enacted in Oklahoma will crack down on unreliable jailhouse informants who testify against others in exchange for lenience in their own cases and sometimes for other benefits. The law was sponsored by Senator …
Article • July 15, 2020 • from CLN August, 2020
Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …
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