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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 …
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 …
Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence by Jo Ellen Nott by Jo Ellen Nott Martin Lucio Santillan, now 50 years old, was fully exonerated in the Frank Crowley Criminal Courts in Dallas, Texas, on March 22, 2023. His 25 years of wrongful imprisonment …
Article • August 1, 2024 • from CLN August, 2024
Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence by In early July, dozens of incarcerated individuals in Colorado counties Arapahoe and Douglas, received a promising letter from the District Attorney’s office. DA John Kellner was notifying defendants in cases that could have been affected by allegations of …
Article • July 15, 2024 • from CLN July, 2024
Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford by Sam Rutherford   The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating …
Article • July 15, 2024 • from CLN July, 2024
Breakthrough in Burn Victim Identification: Ancient DNA Tech Offers New Hope by Jo Ellen Nott by Jo Ellen Nott A recent study by Binghamton University researchers offers hope for identifying victims of fires where traditional methods fail. Fire victims can be identified through dental records if the teeth are preserved …
Article • June 15, 2024 • from CLN June, 2024
Filed under: DNA Testing/Samples
Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use by Matthew Clarke by Matt Clarke   Millions of people have submitted oral cheek (buccal) swab samples to companies like 23andMe and Ancestry hoping to use their DNA to trace their ancestors and …
Article • June 15, 2024 • from CLN June, 2024
Filed under: DNA Testing/Samples
University of New Hampshire Designs a Simpler, Cost-Effective Test to Identify Touch DNA by Jo Ellen Nott by Jo Ellen Knott DNA profiling has become the gold standard in forensic science since the first murder case was solved in England in 1987 by genetics professor Alec Jeffreys at the University …
Article • June 15, 2024 • from CLN June, 2024
AC Units and DNA by Douglas Ankney by Douglas Ankney   Australian researchers at Flinders University have employed a promising new technique to collect and record forensic DNA evidence from crime scenes. A new study appearing in Electrophoresis focused on the DNA retrieved from air conditioning (“AC”) units that circulate …
Article • June 15, 2024 • from CLN June, 2024
Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions by Matthew Clarke by Matthew T. Clarke   A report published in January 2024 by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania’s Carey School of Law revealed that false positives in presumptive …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Article • April 15, 2024 • from CLN April, 2024
The FBI’s Rapidly Expanding DNA Database by Anthony Accurso by Anthony W. Accurso The FBI has amassed over 20 million DNA profiles in its database and has requested Congress double its budget for handling DNA samples “to process the rapidly increasing number of DNA samples collected.” The Combined DNA Index …
Article • March 15, 2024 • from CLN March, 2024
Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term by Matthew Clarke by Matthew Clarke The Supreme Court of Nebraska held that a term of probation cannot be extended beyond its expiration date based on the mere fact that an …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations by Anthony Accurso by Anthony W. Accurso The Court of Appeals of New York reversed a case where the …
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
Steady Improvement in Techniques for the Analysis of Degraded DNA by Douglas Ankney by Douglas Ankney DNA, while remarkably resilient, may be degraded by exposure to ultraviolet radiation, extreme temperatures, humidity, and microbial activity. These exposures may result in “single-strand and double-strand breaks, depurination, deamination, and crosslinks.” Consequently, the DNA …
Brief • February 9, 2024
Wall v. Rasnick, VA, Plaintiff's Response to Dft's Objections to Ruling on Motion for Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 169 Filed 02/09/24 Page 1 of 26 Pageid#: 2570 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE …
Brief • January 26, 2024
Wall v. Rasnick, VA, Plaintiff's Objection to Order and Memo Opinio Regarding Spoilation Sanctions, Spoliation of Video Evidence, 2024 Case 7:17-cv-00385-JPJ-PMS Document 163 Filed 01/26/24 Page 1 of 39 Pageid#: 2493 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, Plaintiff, CASE NO. …
Article • January 15, 2024 • from CLN January, 2024
Human DNA Retrieved From Dogs Might Provide Evidence by Douglas Ankney by Douglas Ankney Researchers from Flinders University in Australia published the results of a study involving the work of the Victoria Police Forensic Services Department and Deakin University regarding the collection of human DNA from 20 dogs from separate …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
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