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Article • February 15, 2024 • from CLN February, 2024
Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Supreme Court of Idaho overturned a district court’s denial of a defendant’s suppression …
Article • February 15, 2024 • from CLN February, 2024
Car Culture Dramatically Increases Number of Cop Confrontations by Matthew Clarke by Matt Clarke In the early 20th century, mass production of automobiles caused a fundamental shift in American culture. One aspect of the emergent Car Culture was an increased number of interactions between police and the public that was …
Article • February 15, 2024 • from CLN February, 2024
Filed under: junk science
Identification Via DNA, Fingerprints, and 3D Scanning of Footwear by Douglas Ankney by Douglas Ankney Eyewitness identifications of possible perpetrators of crime are often unreliable. Scientific identifications by comparison of DNA profiles and fingerprint exemplars are, by far, more trustworthy. But coming soon may be identifications made by analysis of …
Article • February 15, 2024 • from CLN February, 2024
Filed under: Rape Shield Rule
New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law by David Reutter by David M. Reutter The New York Court of Appeals held a trial court erroneously applied New York’s Rape Shield Law …
Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy by Jo Ellen Nott by Jo Ellen Nott On December 19, 2023, the Harris County Texas Commissioners Court approved a $1.5 million settlement in Joshua Coucke’s case …
Article • February 15, 2024 • from CLN February, 2024
DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests by Jo Ellen Nott by Jo Ellen Nott An ongoing investigation reveals that the Drug Enforcement Agency’s (“DEA”) involvement in domestic surveillance operations far exceeds its drug enforcement mandate. Documents obtained through a Freedom of Information Act request by the Cato …
Article • February 15, 2024 • from CLN February, 2024
Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and …
Article • February 15, 2024 • from CLN February, 2024
New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico held that the holding of State …
Vendors Late to Recognize the Serious Threat of Cell-Site Simulators by Michael Thompson by Michael Dean Thompson Cell-site simulators (“CSS”), also known by the brand name Stingray and more generically as IMSI Catchers, have permitted governments to spy on each other, hackers to install zero-click malware, and stalkers to track …
Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror by David Reutter by David M. Reutter The Supreme Court of Kentucky concluded a trial court abused its discretion by failing to find a juror had evinced “a reasonable …
Article • February 15, 2024 • from CLN February, 2024
Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting by Jo Ellen Nott by Jo Ellen Nott An October 2023 study from Iowa State University reveals a troubling trend among firearms experts reporting on cartridge-case comparisons. The authors of the study, Gary Wells and Andrew Smith, state that …
Article • February 15, 2024 • from CLN February, 2024
New Night-Vision Capable Drone Marketed to Police by Anthony Accurso by Anthony W. Accurso Skydio, a popular drone manufacturer, released the new X10, whose main selling point is an infrared camera, which allows it to track people and fly autonomously in the dark. The company began making hobby drones about …
Article • February 15, 2024 • from CLN February, 2024
Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’ by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri made permanent its grant of a temporary writ of prohibition and …
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso by Anthony W. Accurso The U.S. Court …
Article • February 15, 2024 • from CLN February, 2024
Tales From the ‘Tails’ of Bloodstains by Douglas Ankney by Douglas Ankney Protrusions that deviate from the boundaries of otherwise elliptical bloodstains—known as “tails”—may provide additional relevant crime-scene evidence, according to James Bird, scientist and co-author of a study appearing in the journal Physics of Fluids. A group of scientists …
FBI Works to Expand Court Authority for Its Offensive Cyber Operations by Anthony Accurso by Anthony W. Accurso The FBI’s effort to disable an army of zombie computers being used for cyber-crime is pretty mediagenic, but it is the latest step in the DOJ’s plan to render jurisdictional limits on …
Article • February 15, 2024 • from CLN February, 2024
Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments by Jo Ellen Nott by Jo Ellen Nott After months of debate, the Los Angeles City Council approved the donation of a $280,000 robotic police dog in late May of 2023 in …
Article • February 15, 2024 • from CLN February, 2024
DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations by Jo Ellen Nott by Jo Ellen Nott The Brennan Center for Justice, a civil rights non-profit law and public policy group, has learned that authorities in several Department of …
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was …
Article • February 15, 2024 • from CLN February, 2024
Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought by Jo Ellen Nott by Jo Ellen Nott People have long looked to bodies of water as safe places to dispose of and forever hide evidence of their crimes. They believed that by tossing murder weapons or victims into the …
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