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Article • May 15, 2021 • from CLN June, 2021
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …
Article • March 15, 2021 • from CLN April, 2021
Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility by Anthony Accurso by Anthony Accurso The Supreme Court of Kentucky clarified the meaning of the statute that allows a defendant to be eligible for parole after serving 20% of their sentence despite …
Article • February 15, 2021 • from CLN March, 2021
Qualified Immunity - A Legal, Practical, and Moral Failure by Jay Schweikert by Jay Schweikert, Cato Institute, September 14, 2020 Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to …
Article • October 15, 2020 • from CLN November, 2020
Campaign Zero Advocates for Police Accountability by Jayson Hawkins by Jayson Hawkins In most states across America, an employee can be fired at any time for any reason. Only Montana provides some protection after six months on the job; otherwise, employment in America is an “at will” affair. Unless, of …
Article • October 15, 2020 • from CLN November, 2020
Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It by Anthony Accurso In a recent decision dismissing a defendant’s lawsuit against a police officer on the basis of qualified immunity, Judge Carlton Reeves of Mississippi filed a 72-page opinion that challenges the morality of the doctrine of qualified …
Article • October 15, 2020 • from CLN November, 2020
Arizona Supreme Court Declares Gang-Association Statute Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held on September 1, 2020, that a statute increasing a misdemeanor charge to a felony for merely being part of a gang is unconstitutional on its face as a violation of substantive …
Article • September 15, 2020 • from CLN October, 2020
New Colorado Law Kills Qualified Immunity for Cops by Dale Chappell by Dale Chappell Colorado became the first state to pass a law prohibiting law enforcement officers from invoking qualified immunity as a defense when they’re accused in a lawsuit of violating a citizen’s civil rights. Hopefully, the law passed …
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 • August 15, 2020 • from CLN September, 2020
The Lunacy of Qualified Immunity by Edward Lyon by Ed Lyon The entire premise underlying punishment is that the person being punished knew what they did was wrong before they acted but did the action anyway. If the person lacked the requisite knowledge of right and wrong, then they may …
Article • July 15, 2020 • from CLN August, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
Article • April 15, 2020 • from CLN May, 2020
City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’ by Douglas Ankney by Douglas Ankney According to November 14, 2019, news reports from dailykos.com and nytimes.com, the city of Grand Rapids, Michigan, will pay $190,000 to former U.S. Marine Jilmar Ramos-Gomez after …
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