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Article • March 15, 2024 • from CLN March, 2024
Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes by Jo Ellen Nott by Jo Ellen Nott Dr. Robert Maher, electric and computer engineer who has researched and studied gunshot acoustics at the …
Article • March 15, 2024 • from CLN March, 2024
Filed under: First Step Act
Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”) is a bipartisan criminal justice bill passed in 2018 to reform federal prisons and sentencing laws to reduce reoffending, decrease the …
Article • March 15, 2024 • from CLN March, 2024
Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial by David Reutter by David M. Reutter The Supreme Court of Minnesota held that the prosecution committed plain error by repeatedly telling the jury during …
Article • March 15, 2024 • from CLN March, 2024
DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers by Anthony Accurso by Anthony W. Accurso Voluntary consent allows law enforcement to search property without a warrant, and officials in Georgia are using this loophole to locate cash belonging to airport travelers in Atlanta, …
Article • February 15, 2024 • from CLN February, 2024
After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next? by Jordan Arizmendi by Jordan Arizmendi Back on November 7, Ohio voters supported Issue 2, which legalized the sale, purchase and possession of cannabis for Ohioans 21 and older. However, it appeared on the ballot as an initiated statute, …
Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator by Anthony Accurso by Anthony W. Accurso The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable …
Article • February 15, 2024 • from CLN February, 2024
Filed under: News in Brief
News in Brief by Arkansas: On November 15, 2023, Hot Spring County Sheriff Derek Scott Finkbeiner, 46, was indicted on obstruction of justice and concealing a crime. About two weeks before that, Finkbeiner was arrested by the FBI, according to an affidavit obtained by USA TODAY. The affidavit details that …
Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, …
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) …
Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit overruled the U.S. District Court for the Northern District of West …
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
Article • February 15, 2024 • from CLN February, 2024
Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial by Matthew Clarke by Matt Clarke The Supreme Court of Indiana held that civil forfeiture triggers the right to a jury trial. As Alucious Kizer fled from a traffic stop, he discarded 74 grams of methamphetamine, 67 grams of …
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents by David Reutter by David M. Reutter False confessions are a problem as old as policing. The Supreme Court of the United States (“SCOTUS”) promulgated rules in 1966 with its holding in Miranda v. Arizona, 384 U.S. …
Article • February 15, 2024 • from CLN February, 2024
Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception by Anthony Accurso by Anthony W. Accurso  The Supreme Court of Minnesota ruled that the standard for probable cause to conduct a warrantless search of a vehicle requires more than …
Article • February 15, 2024 • from CLN February, 2024
Filed under: Forfeiture
Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the policies and practices of …
The Problem with Some Non-Carceral Punishments by Carlo Difundo by Carlos Difundo By 2007, the incarceration rate in the U.S. had skyrocketed to about 767 per 100,000 people. That statistic leads the free world and compares unfavorably with Russia’s 450 to 600 per 100,000 people. Many people see the problem …
Article • February 15, 2024 • from CLN February, 2024
NYPD Has Spent Millions of Dollars on Social Media Analysis Tools by Jo Ellen Nott by Jo Ellen Nott The New York City Police Department (“NYPD”) has spent millions of dollars of taxpayers’ money buying products from tech company Voyager Labs that claims it can analyze social media to track …
Article • February 15, 2024 • from CLN February, 2024
The Potential Privacy Threat of Generative AI by Michael Thompson by Michael Dean Thompson Police are increasingly looking to corporations for help solving crimes. Google is accustomed to providing lists of users who happened to be physically near a crime. In addition, it has provided the identities of people who …
Article • February 15, 2024 • from CLN February, 2024
Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended by Douglas Ankney by Douglas Ankney The National Public Defense Workload Study (“Study”) examined the guidelines created by the National Advisory Committee in 1973 (“NAC Standards”) that determine the recommended number of cases annually that a …
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