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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 …
Article • August 1, 2024 • from CLN August, 2024
FBI Encourages Use of Controversial Surveillance Program Despite Misuse by Jo Ellen Nott by Jo Ellen Nott A top FBI official is urging his agents to continue using a warrantless foreign surveillance program, Section 702, to justify the bureau’s surveillance powers. This program, which has been misused to target U.S. …
$3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott by Jo Ellen Nott A Colorado jury awarded a 78-year-old woman, Ruby Johnson, $3.76 million in damages on March 1, 2024, after a SWAT team raided her home based on …
Article • July 15, 2024 • from CLN July, 2024
Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet by Douglas Ankney by Douglas Ankney   According to Techdirt, the federal government is obtaining court orders forcing Google and others to provide user ID information of people accessing innocuous …
Article • July 15, 2024 • from CLN July, 2024
Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration by Douglas Ankney by Douglas Ankney   The Supreme Court of Minnesota declined to extend the good-faith …
Article • June 15, 2024 • from CLN June, 2024
Push Notifications Pull to the Forefront by Michael Thompson by Michael Dean Thompson   The convergence of web technologies with handheld computing devices and high-capacity, inexpensive storage has led to a remarkable new era of corporate data collection most people would find shockingly invasive. Criminal Legal News has covered how, …
Article • June 15, 2024 • from CLN June, 2024
Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology by Michael Thompson by Michael Dean Thompson Considering all the bad press surrounding Facial Recognition Technology (FRT) and its high-profile failures, a recent report from the Government Accountability Office found that the seven agencies believed …
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