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Article • September 17, 2019 • from CLN October, 2019
Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights by David Reutter by David Reutter The Supreme Court of Michigan held that a defendant did not expose herself to public arrest when she reached out of her doorway to retrieve her identification …
Article • July 16, 2019 • from CLN August, 2019
Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes …
Duran Ortega v. City of Memphis, TN, Complaint, ICE Detention, 2019 Case 2:19-cv-02206-SHL-dkv Document 40 Filed 06/25/19 Page 1 of 9 PageID 157 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ MANUEL DURAN ORTEGA, PLAINTIFF, VS. CAUSE NO.:2:19-cv-02206-SHL-dkv CITY OF MEMPHIS, TENNESSEE; SHELBY COUNTY, TENNESSEE; …
Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center by the National Association of Criminal Defense Lawyers Fourth Amendment Center The Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers …
Article • May 15, 2019 • from CLN June, 2019
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter by David Reutter Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. …
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 …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
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
In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon by Ed Lyon  Most Americans are familiar with the Fourth Amendment of the U.S. Constitution, which guarantees them security in their persons and homes from unreasonable searches and seizures. Perhaps this is where the axiom that …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Article • March 16, 2019 • from CLN April, 2019
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search. Corporal Kenneth Kennedy …
Article • March 16, 2019 • from CLN April, 2019
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
Article • March 2, 2019
Judge Urges Prosecution to Appeal Dismissal of Murder Charge by Douglas Ankney by Douglas Ankney After a two-and-a-half-hour hearing, Judge Catherine Wilking of Natrona County, Wyoming, dismissed a first-degree murder charge against Jason T. John. During the hearing, and at its conclusion, Wilking urged that her decision be appealed. In …
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer by One of two men protesting police brutality while carrying a sign reading “Fuck Bad Cops” was tased by a police officer, after which he sued for violation of his First and Fourth Amendment rights. In December 2018, …
Article • February 14, 2019 • from CLN March, 2019
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a …
SPLC Americans for Immigrant Justice: Prison by Any Other Name - A Report on South Florida Detention Facilities, 2019 PRISON BY ANY OTHER NAME A REPORT ON SOUTH FLORIDA DE TENTION FACILITIES ABOUT THE SOUTHERN POVERTY LAW CENTER The Southern Poverty Law Center, based in Montgomery, Alabama, is a nonprofit …
Article • January 18, 2019 • from CLN February, 2019
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
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