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Filming ICE Agents at Work: Know Your Rights by Jo Ellen Nott by Jo Ellen Nott Across the United States, Immigration and Customs Enforcement (“ICE”) activity is intensifying, including highly visible raids. Amid this escalation, it is important to remember that the public has a First Amendment right to film …
Article • March 15, 2025 • from CLN April, 2025
Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that when police secretly make a warrantless …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
Reining in Police Monitoring of Social Media by Michael Thompson by Michael Dean Thompson Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is …
Law Enforcement Obscures Use of Facial Recognition Technology by Sam Rutherford by Sam Rutherford According to an investigative report conducted by the Washington Post and follow-up reporting on TechDirt.com, police departments nationwide are hiding the fact that they are identifying criminal suspects using facial recognition software. A Washington Post article …
Police Departments Are Now Using AI to Write Reports by Anthony Accurso by Anthony W. Accurso Axon, a company that makes products (including weapons) and services available to police departments, has begun selling a new product designed to use artificial intelligence (“AI”) to turn bodycam audio into police reports. However, …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
Article • February 1, 2025 • from CLN February, 2025
Careful What You Search For by Michael Thompson by Michael Dean Thompson Don’t ask Google this simple question: “Are Bengal cats legal in Australia?” That is the gist of an urgent warning on cybersecurity firm Sophos’ website. People who have clicked on the resulting links have had their personal information …
Article • February 1, 2025 • from CLN February, 2025
Surveilling the Harms of Electronic Monitors by Michael Thompson by Michael Dean Thompson The U.S. has a dark carceral history that has led to its maintenance of one of the highest incarceration rates in the world. Advocates for electronic monitoring (“EM”) have often made the claim that it could reduce …
Article • January 15, 2025 • from CLN January, 2025
Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney by Douglas Ankney In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must …
Article • December 15, 2024 • from CLN January, 2025
Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized by Sam Rutherford by Sam Rutherford The Supreme Court of Washington clarified the scope of the attenuation doctrine under Article I, § 7 of the Washington Constitution, holding that the …
Article • December 15, 2024 • from CLN January, 2025
Recovering Deleted Messages by Michael Thompson by Michael Dean Thompson It should come as no surprise that anything you delete on your device is not necessarily gone. Cops using forensic software can often look into a device’s primary storage (as well as cloud storage) and pull up information that the …
Article • December 1, 2024 • from CLN December, 2024
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
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 …
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