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Article • June 15, 2024 • from CLN June, 2024
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 …
Stinging Back: Resisting Government Surveillance of Cellphones by Anthony Accurso by Anthony W. Accurso A cell-site simulators (“CSS”)—often referred to as a “Stingray” device, after a popular brand—is one of the newest and most controversial law enforcement tools since the introduction of the wiretap. Its use represents the intersection of …
Article • May 15, 2024 • from CLN May, 2024
Filed under: News in Brief
News in Brief by Arkansas: WREG reported thaton March 12, 2024, a former policeman with three years on the force in Blytheville was charged with distributing, possessing, and/or viewing materials depicting sexually explicit conduct involving a child. David Paul Cross, 25, was arrested as part of an ongoing investigation by …
Cellular Roaming’s Inadequate Security by Michael Thompson by Michael Dean Thompson Cellphones must be able to continue providing service when connected to networks other than those to which their owners subscribe. The ability to roam beyond the subscriber’s borders without interruption of service is available because network providers across the …
Article • May 15, 2024 • from CLN May, 2024
California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
Use of Solitary Confinement on the Rise in ICE Facilities by Anthony Accurso by Anthony W. Accurso The Biden Administration’s rhetoric on justice and human rights issues may sound good, but a new report reveals that the use of solitary confinement—which is often in conditions the United Nations (“U.N.”) has …
Article • May 15, 2024 • from CLN May, 2024
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter by David M. Reutter The Court of Appeal of California, Fourth District, held that a violation of a prisoner’s constitutional and statutory rights to be personally present at …
Article • May 15, 2024 • from CLN May, 2024
Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts extended the holding of Diatchenko v. District Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013) (sentence of life without parole for first-degree murder …
Article • May 15, 2024 • from CLN May, 2024
De-Identified Is Not Anonymous by Michael Thompson by Michael Dean Thompson Corporations collect all kinds of data about their customers with few rules about what they can do with it. Often, these collections come with assurances that the data will be de-identified before being sold to additional parties such as …
New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott by Jo Ellen Nott The Council on Criminal Justice (“CCJ”) released a December 2023 update to its original report (August 2023) on the impact of the First Step Act …
FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …
Article • May 15, 2024 • from CLN May, 2024
Criminal Justice Reform Becoming a Corporate Priority by David Reutter by David M. Reutter With the rate of Americans who have a felony conviction steadily increasing as a result of the incarcerative state’s policies, corporate entities are experiencing a change of heart towards those with criminal records. In fact, many …
Article • May 15, 2024 • from CLN May, 2024
First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that a defendant’s statement in response to Miranda warnings that “I guess my best …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Statistics/Trends
Robotic Police Dogs Being Adopted Across the Country by Michael Thompson by Michael Dean Thompson In 2016, a lone shooter shot 12 Dallas police officers, killing five. Police eventually cornered the man in a parking garage. He had nowhere to go, but after five hours, the cops were eager to …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell by We are writing to inform our readers about a serious error regarding the above-titled Column published in the February 2024 issue of Criminal Legal News. We are retracting the Column in its entirety. We sincerely apologize for …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
The Death of the Savings Clause by Dale Chappell by Dale Chappell As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not …
Googling Your Privacy by Michael Thompson by Michael Dean Thompson Google is the unrivaled search giant, and its Android is the second most widely used cellphone operating system in the U.S. Their additional offer of free software is all designed to leverage what they know about you and increase the …
Article • May 15, 2024 • from CLN May, 2024
New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that application …
Article • May 15, 2024 • from CLN May, 2024
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a …
Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford by Sam Rutherford TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses …
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