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Article • December 1, 2024 • from CLN December, 2024
Chula Vista’s Police Drones by Michael Thompson by Michael Dean Thompson The Federal Aviation Administration has relaxed its rules so that drones can be flown beyond line-of-sight by certain groups such as cops, firefighters, and even construction companies. Some policing agencies are choosing drones that only point the camera down …
Article • December 1, 2024 • from CLN December, 2024
Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized by Anthony Accurso by Anthony W. Accurso The Supreme Court for the State of Nevada reversed a trial court’s order denying a defendant’s suppression …
Broken Trust The Pervasive Role of Deceit in American Policing by Andrew Eichen While at times an effective tool, deception is ethically dubious and can result in severe negative consequences for suspects. September 12, 2024 • Policy Analysis No. 979 by Andrew Eichen This article was originally published by the …
Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford by Sam Rutherford The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Reasonable Suspicion
California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Second District, overturned the denial of a defendant’s suppression motion by ruling that the officers’ show of …
Article • November 1, 2024 • from CLN November, 2024
Cops Hide Behind Encrypted Radio by Michael Thompson by Michael Dean Thompson The Black Lives Matter (“BLM”) protests ignited changes among law enforcement agencies throughout the country. Text messages from police in 2020 showed they were only enforcing curfews against protestors. Z. Williams, the director of client support and operations …
Article • October 1, 2024 • from CLN October, 2024
Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’ by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fifth Circuit held that geofence warrants violate the Fourth Amendment because they constitute a “general warrant.” However, the evidence acquired in the case as a result of …
Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers by Sam Rutherford by Sam Rutherford The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a …
Article • September 1, 2024 • from CLN September, 2024
AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review by Jo Ellen Nott by Jo Ellen Nott Axon announced the launch of Draft One, a technology that the company calls its newest public safety product, on April 23, 2024. This AI system generates police reports from the …
Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million by Douglas Ankney by Douglas Ankney On June 5, 2024, Plaintiff Yareni Rios-Gonzalez agreed to accept payment of $8.5 million from Defendants Town of Platteville, Colorado, and the City of Fort Lupton to settle her …
The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson by Michael Dean Thompson The American Civil Liberties Union (“ACLU”) successfully sued for access to FBI information regarding cell-site simulators (“CSS”). For years, the FBI has used nondisclosure agreements (“NDA”) to hide their use …
Article • September 1, 2024 • from CLN September, 2024
Push Notifications: Yet Another Secret Surveillance Technique by Michael Thompson by Michael Dean Thompson According to what Cooper Quentin who is a technologist at the Electronic Frontier Foundation told the Washington Post, the government has promised they will only use this latest tool for the most grievous crimes. We have …
Article • August 15, 2024 • from CLN September, 2024
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
The Prosecutor and the Snitch Ring by Liliana Segura, Jordan Smith by Liliana Segura and Jordan Smith “Cold Justice” star Kelly Siegler relied on jailhouse informants to win convictions despite reasons to doubt their credibility. Secrets and Liars What Happened When a Star Prosecutor Was Accused of Running a Jailhouse …
Article • August 1, 2024 • from CLN August, 2024
For Signal, Privacy Is Not Merely a Buzzword by Michael Thompson by Michael Dean Thompson Subpoenas based on a phone number served on the messaging app Signal typically receive only two pieces of information: the date the account was created and the last time it was accessed. Sometimes, they receive …
Dogs Are Sniffing Out Electronics by Michael Thompson by Michael Dean Thompson Cops have found themselves challenged by the decreasing size of electronic devices and the correlated increase in the ease of hiding them. To assist them, they have begun using dogs to sniff out a key chemical used to …
SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a Fourth Amendment malicious-­prosecution lawsuit may proceed where one or …
Article • August 1, 2024 • from CLN August, 2024
Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him …
Article • August 1, 2024 • from CLN August, 2024
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford by Sam Rutherford In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out …
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