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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 …
Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search by Anthony Accurso by Anthony Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts (“SJC”) upheld a superior court’s order suppressing evidence obtained from a cellphone because the search of the cellphone was unsupported by probable cause, …
Article • July 15, 2020 • from CLN August, 2020
Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed the decision of the U.S. District Court for the Northern District of Illinois that denied Anthony Howell’s motion to …
Article • July 15, 2020 • from CLN August, 2020
Police Use of Robotic Technology Raises Civil Liberty Concerns by Douglas Ankney by Douglas Ankney While Sleepy Hollow had the Headless Horseman, the Massachusetts State Police (“MSP”) had the headless dog. Spot — a one-time member of MSP’s bomb squad — is a semi-autonomous robotic dog that MSP leased for …
Article • June 15, 2020 • from CLN July, 2020
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Article • June 15, 2020 • from CLN July, 2020
Aggressive NYPD Police Tactics Spreading COVID-19 by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Like a scene out of Will Smith’s movie, Legend, one of the most iconic visual images during the New York City lockdown in the wake of COVID-19 is a photo of a lone policeman on horseback …
Article • June 15, 2020 • from CLN July, 2020
Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Minnesota, the Court held that hotel guests have a reasonable expectation of privacy in the sensitive location information found in …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 May Ring in a New Era of High-Tech Private Policing by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Rand Corporation, a prominent think tank known for its ability to forecast future trends, describes a post-COVID-19 era where police departments experience reduced, if not curtailed power, and are rendered nearly …
Article • June 15, 2020 • from CLN July, 2020
Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association by David Reutter by David M. Reutter As governments act to contain COVID-19, tracing persons who have come in contact with infected persons is at the forefront of the move to contain the disease’s spread. Tracing people via …
Qualified Immunity Letter to Congress, Nat'l Police Accountability Project, 2020 June 9, 2020 Dear Speaker Pelosi, Leader McCarthy, Majority Leader McConnell, and Minority Leader Schumer: National Police Accountability Project A Project of the National Lawyers Guild Executive Director Rachel A. Pickens ____________ Board of Directors: President Michael Avery President-Elect Julia …
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