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Article • January 15, 2022 • from CLN February, 2022
Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Idaho …
Article • September 15, 2021 • from CLN October, 2021
Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure by Anthony Accurso by Anthony W. Accurso The Supreme Court of Wisconsin held that an officer who retained a motorist’s driver’s license without any reasonable suspicion of criminal activity—for …
Article • August 13, 2021
$7,500 Settlement for Arrest Without Probable Cause by David Reutter by David M. Reutter The City of Albuquerque, New Mexico, paid $7,500 to settle a lawsuit alleging police officers illegally seized, assaulted, arrested, and maliciously prosecuted Robert Alderete. His lawsuit also alleged the officers illegally searched his vehicle. Alderete entered …
Article • May 15, 2021 • from CLN June, 2021
Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Ohio, it held that “driving on” or “touching” the single solid white longitudinal line on the right-hand edge of a roadway (aka “fog …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Involuntary, Anonymous Tip
Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the FifthCircuit affirmed a decision of the U.S. District Court for the Southern District of Mississippi granting Okanlawan Norbert’s suppression motion on the grounds that an …
Article • March 15, 2021 • from CLN April, 2021
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences …
Article • December 15, 2020 • from CLN January, 2021
Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within …
Article • December 15, 2020 • from CLN January, 2021
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
Article • December 15, 2020 • from CLN January, 2021
Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on October 21, 2020, that there was no probable cause to search cellphones found on someone who was found in close …
Article • October 15, 2020 • from CLN November, 2020
Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person by Anthony Accurso by Anthony Accurso The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an …
Article • July 15, 2020 • from CLN August, 2020
Dogs Can Detect One-Billionth of a Teaspoon of Gasoline by Douglas Ankney by Douglas Ankney According to a recent study from the University of Alberta, trained dogs can detect gasoline in trace amounts as small as one-billionth of a teaspoon (or 5 pico-liters). “During an arson investigation, a dog may …
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, …
Publication • September 1, 2017
Parole Revocation in CT, Samuel Jabobs Criminal Justice Clinic,2017 Parole Revocation in Connecticut opportunities to reduce incarceration Samuel Jacobs Criminal Justice Clinic | Jerome N. Frank Legal Services Organization September 2017 Parole Revocation in Connecticut opportunities to reduce incarceration The report was written by Asli Bashir, Rachel Shur, Theodore Torres, …
Chavez v. City of Farmington, NM, Settlement, Excessive Force - Gun Shot, 2015
Chavez v. City of Farmington, NM, Complaint, Excessive Force - Gun Shot, 2015 Case 1:15-cv-00171 Document 1 Filed 02/27/15 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL CHAVEZ, Plaintiff, vs. No. CITY OF FARMINGTON, OFFICER CHRIS BLEA, in his individual capacity and as …
Newton v. Albuquerque Police Officers, NM, Complaint, Illegal Search and Seizure, 2010 STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT KENNETH NEWTON and JAMES SAMPSON Plaintiffs, vs. CASE NO: ALBUQUERQUE POLICE OFFICERS SERGEANT T. ESPINOSA, OFFICER M. TRAHAN, OFFICER M. MONETTE, OFFICER J. SANCHEZ, OFFICER I. MAES, …
Newton v. Albuquerque Police Officers, NM, Settlement, Illegal Search and Seizure, 2010 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS IN SOLE CONSIDERATION of the total sum of Twenty Two Thousand Five Hundred Dollars and no/100 ($22,500.00), the receipt of which is hereby acknowledged, Kenneth Newton (hereinafter "Releasor"), individually, and for his …
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