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First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation by Richard Resch by Richard Resch The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist …
FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality by Anthony Accurso by Anthony W. Accurso As part of the National Defense Authorization Act for fiscal year 2024, signed by President Biden on December 22, 2023, Congress has extended the deadline to April 19th to fully re-authorize, …
Article • March 15, 2024 • from CLN March, 2024
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6 by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights …
Article • March 15, 2024 • from CLN March, 2024
Suspicion of Government Surveillance Increasing by Anthony Accurso by Anthony W. Accurso The concern among Republicans and right-leaning independent voters that federal law enforcement agencies—particularly the FBI—are becoming politicized is driving an increase in the distrust these Americans have that these agencies will abuse access to personal data. Traditional conservative …
Article • March 15, 2024 • from CLN March, 2024
Cops Just Love Secret Metadata Collection by Michael Thompson by Michael Dean Thompson Policing agencies throughout the country continue to find new ways to secretly surveil Americans. Senator Ron Wyden, a Democrat from Oregon, has discovered yet another way the cops are working in the dark to scrutinize the behaviors …
Article • March 15, 2024 • from CLN March, 2024
Cops’ Sky-High Hopes by Michael Thompson by Michael Dean Thompson Drones as a first responder are the latest cop fad in America. They hope that drones will be able to arrive on the scene faster than a patrol officer and provide the lay of the land for arriving cops. Across …
Article • March 15, 2024 • from CLN March, 2024
Filed under: junk science
Studying Ant Bites on Cadavers May Advance Criminal Investigations by Douglas Ankney by Douglas Ankney Forensic entomology generally focuses on the activity of blowflies and beetles in estimating the time of death. But Professor Paola Magni of Australia’s Murdoch University is a leading forensic entomologist urging forensic professionals to consider …
Article • March 15, 2024 • from CLN March, 2024
LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment by Anthony Accurso by Anthony W. Accurso LexisNexis is known by many of Generation X as the provider of education software, but it is actually a data company that has applied its expertise in the controversial realm of human intelligence, …
Article • March 15, 2024 • from CLN March, 2024
Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts by Jo Ellen Nott by Jo Ellen Nott Imagine a courtroom where a defendant’s fate is being decided. But instead of evidence, jurors rely on an unconscious judgment based on downturned lips or a heavy brow. Scientists at Columbia University …
Article • March 15, 2024 • from CLN March, 2024
The Supreme Court’s Forensic Follies by Michael Thompson by Michael Dean Thompson The framers of the Constitution attempted to guarantee defendants a fundamentally fair trial. They did so, however, at a time when modern science and the scientific method was in its infancy. For that reason, scientific forensic evaluations and …
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
Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis by Douglas Ankney by Douglas Ankney An audit released by Los Angeles (“LA”) City Controller Kenneth Mejia revealed that the Los Angeles Police Department’s (“LAPD”) frivolous use of helicopters from the Air Support Division (“ASD”) cost taxpayers far more than …
Article • March 15, 2024 • from CLN March, 2024
Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas explained the proper procedure for computing periods of time for purposes of determining the …
‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms by Douglas Ankney by Douglas Ankney In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, …
Article • March 15, 2024 • from CLN March, 2024
Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed by Douglas Ankney by Douglas Ankney In April 2023, Myles Cosgrove was hired by the Carroll County Sheriff’s Department in Kentucky. But about three years earlier, Cosgrove was fired by the Louisville Police Department (“LPD”). Cosgrove …
Article • March 15, 2024 • from CLN March, 2024
Understanding Fusion Centers by Michael Thompson by Michael Dean Thompson Introduction After 9/11, authorities determined the event was possible due to a failure of the various intelligence agencies to communicate with each other and share their information, data, insights, and discoveries. In 2007, Eben Kaplan wrote for the Council on …
Article • March 15, 2024 • from CLN March, 2024
Filed under: News in Brief
News in Brief by Alabama: On January 4, 2024, a grand jury indicted Mac Bailey Marquette, 23, in the murder of Stephen Perkins, 39. Marquette, a former policeman, shot Perkins after he allegedly “brandished a handgun” towards officers of the Decatur Police Department (DPD) during a mistaken truck repo incident. …
Article • March 15, 2024 • from CLN March, 2024
Watchlisted: You’re Probably Already on a Government Extremism List by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “In a closed society where everybody’s guilty, the only crime is getting caught.”—Hunter S. Thompson  According to the FBI, you may be an anti-government extremist if you’ve: …
Article • March 15, 2024 • from CLN March, 2024
Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois held that 720 ILCS 5/9-1.2(d) (West 2006) (“section 9-1.2(d)”) sets the range of …
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