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Jackson v. City of New York, et al., NY, Letter, Excessive Force on Off-Duty Cop, 2019 Case 1:11-cv-03028-PKC-SMG Document 139 Filed 01/02/19 Page 1 of 2 PageID #: 3743 THE CITY OF NEW YORK LAW DEPARTMENT ZACHARY W. CARTER Corporation Counsel BRIAN FRANCOLLA Senior Counsel Phone: (212) 356-3527 Fax: (212) …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • December 21, 2018 • from CLN January, 2019
Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of …
Article • December 21, 2018 • from CLN January, 2019
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch by Richard Resch The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of …
Article • November 28, 2018 • from CLN December, 2018
Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis by Christopher Zoukis The Supreme Court of Arkansas ruled that an Arkansas statute that allows warrantless blood draws based on implied consent violated the Fourth Amendment when applied to a defendant in …
Article • October 25, 2018
Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased by Derek Gilna by Derek Gilna FBI forensics specialist Bob Moledor claims that FBI used the lifeless index finger of at least one dead suspect to unlock his iPhone to search for evidence. In 2016, Moledor said the …
Jackson v. City of New York, et al., NY, Judgment, Excessive Force on Off-Duty Cop, 2018 Case 1:11-cv-03028-PKC-SMG Document 130 Filed 10/02/18 Page 1 of 2 PageID #: 3725 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x LARRY JACKSON, Plaintiff, JUDGMENT 11-CV-3028 (PKC) (SMG) - against JESUS TELLADO, …
Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 20, 2018 • from CLN October, 2018
The Broad Reach of Carpenter v. United States by Paul Ohm "The Broad Reach of Carpenter v. United States" by Paul Ohm was originally published June 27, 2018, on Just Security Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be …
Miller v. Maddox, TN, Resolution to Settle, Police Misconduct and False Statements, 2018 Resolution No. RS2018-1394 A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Miller against Woodston Maddox in the amount of $50,000.00, and reasonable attorney’s fees, not to exceed $80,000.00, and …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell by Dale Chappell The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
Article • August 20, 2018 • from CLN September, 2018
SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a “search” under the Fourth Amendment when it accesses historical cell …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest by Dale Chappell by Dale Chappell Law enforcement must secure a warrant prior to obtaining a urine sample from an arrestee, the Supreme Court of South Dakota …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
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