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Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
Article • February 1, 2025 • from CLN February, 2025
Study Highlights Limitations in Forensic DNA Analysis Involving Lower Genetic Diversity Groups by Jo Ellen Nott by Jo Ellen Not A University of Oregon study, “Decreased accuracy of forensic DNA mixture analysis for groups with lower genetic diversity” published in Volume 27, Issue 11, 111067 of iScience in November 2024 …
Article • January 15, 2025 • from CLN January, 2025
Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney by Douglas Ankney In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must …
Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans by James Mills by James Mills Federal law enforcement agencies have been gathering sensitive financial information of American citizens by manipulating the Suspicious Activity Report (“SAR”) system, according to the House Judiciary Committee. The …
Article • December 1, 2024 • from CLN December, 2024
Filed under: Databases, DNA Evidence
Forensic Genetic Genealogy: Police Are Searching Genetic Genealogy Companies’ Databases Regardless of Whether They Have Permission by Matthew Clarke, Ann Foster by Matt Clarke with research assistance by Ann Foster Millions of people have submitted oral cheek (buccal) swab samples to companies like 23andMe and Ancestry hoping to use their …
Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation by Michael Thompson by Michael Dean Thompson The cell-site simulator (“CSS”) is a powerful and largely unregulated device once designed for military intelligence use that has found its way onto the streets of …
Article • November 1, 2024 • from CLN November, 2024
Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the routine inspection and search of a traveler’s electronics, or for …
Article • October 1, 2024 • from CLN October, 2024
Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’ by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fifth Circuit held that geofence warrants violate the Fourth Amendment because they constitute a “general warrant.” However, the evidence acquired in the case as a result of …
Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border by Douglas Ankney by Douglas Ankney In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to …
Article • October 1, 2024 • from CLN October, 2024
Cops Want to Use DNA for Facial Recognition by Michael Thompson by Michael Dean Thompson Provide a DNA sample, and Parabon NanoLabs’ tech will generate a projected 3D image of a suspect’s face. The process takes advantage of AI trained on the DNA and 3D facial scans of thousands of …
Article • September 1, 2024 • from CLN September, 2024
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers by Sam Rutherford by Sam Rutherford The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a …
Article • September 1, 2024 • from CLN September, 2024
Filed under: junk science, DNA Evidence
Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases by Jo Ellen Nott by Jo Ellen Nott 20th Judicial District Court Judge Patrick Butler unsealed a troubling internal affairs report from the Colorado Bureau of Investigation (“CBI”) …
The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson by Michael Dean Thompson The American Civil Liberties Union (“ACLU”) successfully sued for access to FBI information regarding cell-site simulators (“CSS”). For years, the FBI has used nondisclosure agreements (“NDA”) to hide their use …
Article • September 1, 2024 • from CLN September, 2024
Push Notifications: Yet Another Secret Surveillance Technique by Michael Thompson by Michael Dean Thompson According to what Cooper Quentin who is a technologist at the Electronic Frontier Foundation told the Washington Post, the government has promised they will only use this latest tool for the most grievous crimes. We have …
Article • August 1, 2024 • from CLN August, 2024
Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence by In early July, dozens of incarcerated individuals in Colorado counties Arapahoe and Douglas, received a promising letter from the District Attorney’s office. DA John Kellner was notifying defendants in cases that could have been affected by allegations of …
Article • August 1, 2024 • from CLN August, 2024
Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him …
Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney by Douglas Ankney The Department of Homeland Security (“DHS”) has an impressive cache of surveillance technology that includes, inter alia, automated license plate readers (“ALPR”) and cell-­site simulators (“CSS”). The latest tracking and surveillance …
Article • July 15, 2024 • from CLN July, 2024
Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford by Sam Rutherford   The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating …
Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard by Douglas Ankney by Douglas Ankney   In a case of first impression, the Massachusetts Supreme Judicial Court affirmed a trial court’s exclusion of expert testimony …
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