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Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Fifth Amendment
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
NACDL Fourth Amendment Center Compelled Decryption Primer, 2019 Reprinted With Permission from the National Association of Criminal Defense Lawyers, 2019. To download the original PDF of this primer, please visit www.nacdl.org/fourthamendment Compelled Decryption Primer The Supreme Court recognized in Riley v. California that cell phones The majority of Americans now …
Seales v. City of Detroit, MI, Amended Judgment, Wrongful Arrest, 2019 Case 4:12-cv-11679-GAD-DRG ECF No. 201 filed 04/19/19 PageID.3185 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Case No.: 12-11679 Honorable Gershwin A. Drain v. THOMAS ZBERKOT, Defendant. ___________________________/ AMENDED JUDGMENT This …
Article • April 12, 2019 • from CLN May, 2019
Facial Recognition Gives Police Easier Access to Cellphones by Dale Chappell by Dale Chappell Facial recognition might make a cellphone more secure than a simple password, but it also gives the police less work to do if they want to search that phone.  By switching from a password to facial …
Article • April 12, 2019 • from CLN May, 2019
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to …
Article • January 17, 2019 • from CLN February, 2019
Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule by Chad Marks by Chad Marks The Supreme Court of Pennsylvania ruled that a police officer’s continued interrogation after the accused told the interrogator he was done talking violated …
Peltier v. Sacks Et Al, WA, Order on Motion for Summary Judgment, Wrongful Conviction, 2018 Case 3:17-cv-05209-RBL Document 54 Filed 07/16/18 Page 1 of 18 HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 LEONARD PELTIER, …
Greene v. City of Norwalk, CT, Settlement, Excessive Force by Police, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is entered into by Cody Greene ("Mr. Greene") and the City of Norwalk ("the City"), Officer Steven Luciano ("Luciano"), Officer Adam Mulkern ("Mulkern"), Officer Felipe Taborda …
Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Justice v. Justus, et al, WV, Complaint, Excessive Force, 2017 Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 1 of 16 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION JAMIE S. JUSTICE, Plaintiff, 1:17-cv-03967 Civil Action No. __________ v. RALPH W. …
Peltier v. Sacks el at., WA, Complaint, Violation of Civil Rights, 1st, 5th, and 14th Amendments, 2017 Case 3:17-cv-05209-RBL Document 1 Filed 03/21/17 Page 1 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 …
Estate of Kevin Brown v. Lambert, et al., CA, third amended complaint, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 31 Filed 06/08/16 Page 1 of 56 1 2 3 4 5 6 EUGENE G. IREDALE: SBN 75292 JULIA YOO: SBN 231163 GRACE JUN, SBN 287973 IREDALE & YOO, APC 105 West …
Publication • March 14, 2016
Enforcement of Fines and Fees Letter, USDOJ Civil Rights Division, 2016 U.S. Department of Justice Civil Rights Division Office for Access to Justice Washington, D.C. 20530 March 14, 2016 Dear Colleague: The Department of Justice (“the Department”) is committed to assisting state and local courts in their efforts to ensure …
Garnett v. City of Norwalk, CT, complaint, excessive police force, 2015 Case 3:15-cv-01585-SRU Document 1 Filed 10/30/15 Page 1 of 21 U t't itcicJ tatos r I ¡. i' ''- !-, i_irt D i:¡iri ct of C f', rl Êr= i ç;-ut F:i i_E Ð ,-t T ¡-) {J,,t L¡ …
Greene v. City of Norwalk, CT, Complaint, Excessive Force by Police, 2014 Case 3:14-cv-01016 Document 1 Filed 07/16/14 Page 1of18 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT -------------------------------------------------------------------------------------------)( CODY GREENE, Plaintiff Civil Action No. vs. THE CITY OF NORWALK, P.O. STEVEN LUCIANO, Badge No. L020, Individually and in his Official …
Hall v. Arneson, 9th Cir., MSJ Appeal - False Imprisonment (2014) No. 13-56441 THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAROLD C. HALL, Plaintiff and Appellant, v. MARK ARNESON and KENNETH CROCKER, Defendants and Appellees. C.D. Cal. No. CV 05-1977 ABC Appeal from an Order Granting Summary …
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