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Article • August 1, 2024 • from CLN August, 2024
California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford by Sam Rutherford “The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s …
FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …
Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy by Jo Ellen Nott by Jo Ellen Nott On December 19, 2023, the Harris County Texas Commissioners Court approved a $1.5 million settlement in Joshua Coucke’s case …
Brief • January 2, 2024
Ahmadi v. King County, WA, Complaint, Unlawful Detention, 2024 Case 2:24-cv-00002-RAJ 1 3 RATIB AHMADI, 5 6 7 8 11 12 Page 1 of 11 Case No.: 2:24-cv-2 Plaintiff, CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL vs. KING COUNTY, WASHINGTON, Defendant. 9 10 Filed 01/02/24 UNITED STATES DISTRICT COURT …
Article • November 1, 2023 • from CLN November, 2023
DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney by Douglas Ankney After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …
Publication • 2023
Carceral Deference-Courts and Their Pro-Prison Propensities, March 2023 DRAFT – NOT FOR CIRCULATION, DISTRIBUTION, OR CITATION. 3/7/23 5:21 AM CARCERAL DEFERENCE: COURTS AND THEIR PRO-PRISON PROPENSITIES Danielle C. Jefferis* 92 FORDHAM L. REV. ___ (2023) (forthcoming) ABSTRACT Judicial deference to non-judicial state actors, as a general matter, is ubiquitous. But …
Article • November 15, 2022 • from CLN December, 2022
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Article • September 26, 2022
Federal Judge Rules Arizona Law Making It Illegal to Film Cops Within 8 Feet Is Unnecessary by Jo Ellen Nott by Jo Ellen Nott Earlier this month, U.S. District Judge John J. Tuci issued a temporary injunction to halt recently passed HB 2319 writing “the Court fails to see how …
Article • September 15, 2022 • from CLN October, 2022
Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso by Anthony W. Accurso Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • June 15, 2022 • from CLN July, 2022
Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter by David M. Reutter The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for …
Publication • 2022
People Over Profit-The Case for Abolishing the Prison Financial System, 2022 People over Profit: The Case for Abolishing the Prison Financial System Sean Kolkey * The term “mass incarceration” is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
Article • April 11, 2022
Lies the Police Can Legally Tell You (And How to Respond) by Brooke Kaufman by Brooke Kaufman Despite some depictions in popular culture, the police can lie to you during questioning. Although there are limits to the lies police can tell, most officers will say anything to get a confession …
Article • March 15, 2022 • from CLN April, 2022
Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy by Dale Chappell by Dale Chappell Hundreds of protestors marched in Kenosha, Wisconsin, after the police shooting of Jacob Blake in August 2020. Little did these protestors know that the Bureau of Alcohol, Tobacco and Firearms issued at least …
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