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Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson In Arizona, a secretive program has quietly amassed a staggering trove of financial data on tens of millions of Americans and individuals worldwide, all under the guise of fighting crime. …
Colorado Supreme Court Announces Police Facilitating Drug-­Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment by Anthony Accurso The Supreme Court of Colorado held that the police conducted an unreasonable search under the Fourth Amendment of a …
Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate by Sagi Schwartzberg The United States Court of Appeals for the Third Circuit …
Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence by David Kim The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not …
Article • July 1, 2025 • from CLN July, 2025
Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life by Michael Thompson P olice have long sought tools to monitor and predict criminal activity with precision, and a new system called Spidernet brings that vision closer to reality. Developed by researchers at the University …
Article • July 1, 2025 • from CLN July, 2025
How Police Departments Hire Bad Cops: The Shadow System Protecting ‘Wandering Officers’ by Clarence Walker, James Mills The police badge should be a shield for the public, not a cloak for predators. Yet across America, a dangerous undercurrent flows beneath the thin blue line: officers fired for brutality, lies, theft, …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros by Sagi Schwartzberg The United States Court of Appeals for the Fourth Circuit vacated …
Article • July 1, 2025 • from CLN July, 2025
Driverless Vehicles Are the Newest Mass Surveillance Tool of Law Enforcement by James Mills The ever-­growing army of self-­driving vehicles quietly traveling through our cities are becoming something far more than just driverless vehicles—they’re morphing into the most sophisticated mobile surveillance network law enforcement has ever had. Police departments across …
Article • July 1, 2025 • from CLN July, 2025
Biomedical Engineers Discover Pruny Fingers Yield the Same Fingerprint Patterns as Dry Ones by Jo Ellen Nott A question posed by a child in a Curious Kids column in The Conversation, a nonprofit news website written by academics, led a biomedical engineer to a discovery that could aid forensic analysis …
Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement by Richard Resch The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration …
News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, …
Article • June 1, 2025 • from CLN June, 2025
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Article • May 15, 2025 • from CLN June, 2025
First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a) by Sagi Schwartzberg The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing …
Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’ by Jeffrey Cohen Sitting en banc, the Supreme Court of Mississippi reversed both the trial court and Court of Appeals’ decisions that the State’s multiple …
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions
South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis by Richard Resch The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some …
Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims by David Kim The Supreme Court of the United States held that courts may not apply the “moment-of-threat” doctrine when evaluating the reasonableness of police officers’ use of deadly …
Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin by Clark Neily This article was originally published by the Cato Institute at cato.org. It has been reprinted with permission.   The Bill of Rights dedicates more words to the resolution of criminal charges than any other subject, …
Article • May 15, 2025 • from CLN June, 2025
Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals by Jo Ellen Nott In a positive step advancing fair-chance policy for formerly incarcerated individuals, Virginia and Utah both signed policies into law in March 2025 that will help dismantle barriers faced by people with criminal …
Article • May 15, 2025 • from CLN June, 2025
Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row by David Kim Georgia has joined a growing number of states that prohibit the execution of people with intellectual disabilities after Gov. Brian Kemp signed a bill into law on May 12, 2025, establishing clearer legal protections for …
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