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Article • May 15, 2023 • from CLN June, 2023
California Court Rejects Geofence Warrant by Anthony Accurso by Anthony W Accurso A California trial court held that ageofence warrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored. People v. …
Secret Service and ICE Used Stingray Devices Without Warrants, Watchdog Finds by A government watchdog has found that the Secret Service and Immigration and Customs Enforcement (“ICE”) used cell-site simulators, also known as “stingrays,” without warrants on multiple occasions. The findings, published by the Department of Homeland Security’s inspector general, …
‘Defensive’ Search Is Not a Recognized Exception to the Warrant Requirement … Yet by The ongoing debate surrounding the use of warrantless ‘defensive’ searches under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has raised critical questions about the delicate balance between protecting national security and safeguarding individual privacy. …
Article • April 24, 2023
Georgia National Guard Plans to Geofence Public High Schools to Target Recruits by Jordan Arizmendi by Jordan Arizmendi The Georgia Army National Guard (“GANG”) will geofence 67 different public high schools in the state, with recruiting ads targeting any phones within one mile of each of these schools. The purpose …
Article • April 15, 2023 • from CLN May, 2023
California Court Rejects Geofence Warrant by Anthony Accurso by Anthony W Accurso A California trial court held that a geofencewarrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored. People v. …
Article • April 15, 2023 • from CLN May, 2023
Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog …
Article • April 15, 2023 • from CLN May, 2023
Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception by Richard Resch by Richard Resch The Supreme Court of Vermont held that individuals have a reasonable expectation of privacy under the state Constitution in their real-time cell site location information …
Article • April 9, 2023
Forensic Re-creations of Police Abuse and Landmark Settlements Thanks to That Cell Phone in Your Pocket by by Jordan Arizmendi Chances are, if you are reading this article, you are well acquainted with the ways in which technology, like facial recognition and cell phone location tracking, strip away our civil …
Article • March 15, 2023 • from CLN April, 2023
Law Enforcement Accesses Commercial DNA Databases Without Warrant by Eike Blohm, MD by Eike Blohm, MD Joseph James DeAngelo, known as the Golden State Killer who committed heinous crimes in California during the 1970s and 1980s, has been caught. Police were able to match crime scene DNA to DeAngelo’s distant …
Article • March 15, 2023 • from CLN April, 2023
Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …
Article • March 15, 2023 • from CLN April, 2023
The Mounting Geofencing Threat by Michael Thompson by Michael Dean Thompson The January 6th Capitol riot illustrates how geofencing warrants are threatening American citizens. As part of the investigations into the events, the FBI served a geofencing warrant to Google that demanded a list of all the devices in or …
Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns by Jo Ellen Nott by Jo Ellen Nott In July 2022, the Virginia State Police paid $15,000 to purchase a subscription from Fog Data Service for its Fog Reveal tracking tool according to ABC …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, affirmed the Solano County Superior Court’s …
Article • February 15, 2023 • from CLN March, 2023
Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional by Anthony Accurso by Anthony W Accurso The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth …
Article • February 15, 2023 • from CLN March, 2023
Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants by Mark Wilson by Mark Wilson The Supreme Court of Oregon unanimously upheld a lower court’s suppression of the State’s wiretap …
Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices by Douglas Ankney by Douglas Ankney According to a September 2022 report from AP News, law enforcement agencies from suburban Southern California to rural North Carolina are using an obscure cellphone tracking tool known as …
Fog Data Science, Your Hometown Data Broker by Anthony Accurso by Anthony W. Accurso Criminal Legal News has previously reported on data broker companies — companies that buy and sell data on consumers, most often location data harvested from mobile apps. Fog Data Science is one such company, though one …
Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Kentucky upheld a suppression order, holding that individuals …
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …
Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court (“SJC”) of Massachusetts validated one warrant …
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