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Article • October 1, 2023 • from CLN October, 2023
How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant by Michael Thompson by Michael Dean Thompson The 2008 Foreign Intelligence ­Surveillance Amendments Act (“FAA”) Section 702 (codified as 50 U.S.C. § 1881A) exists to facilitate the capture of the communications of foreign actors as they pass …
New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi by Jordan Arizmendi At the end of June 2023, Montana Governor Greg Gianforte signed a bill, Senate Bill 397 (“SB397”) that will ban warrantless facial recognition surveillance, generally. According to the law, the exceptions that would permit a law …
Article • September 1, 2023 • from CLN September, 2023
Police Can Get More From Your Phone Than You May Believe by Michael Thompson by Michael Dean Thompson Most of us would feel violated to learn that our spouse or partner had been digging through our phone. Imagine if they were to use that access to determine where we have …
Article • September 1, 2023 • from CLN September, 2023
Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet by Jordan Arizmendi by Jordan Arizmendi Last February, WDTN reported that  Dayton, Ohio, City Commission members, voted to approve installation of the Fusus network. When the system is set up, a 911 call will automatically …
Article • August 1, 2023 • from CLN August, 2023
Your Texts, Emails, and Location Are Available to Law Enforcement, Regardless of How Law-Abiding You Are by Jo Ellen Nott by Jo Ellen Nott Your attachment to interacting with social media and browsing the internet on your cellphone allows the government and law enforcement wide-open access to a disturbing amount …
Article • August 1, 2023 • from CLN August, 2023
A Surveillance Scam by Any Other Name Is But a Parasite by Data brokers, such as ShotSpotter, Fog Data Science, and Flock Safety bill themselves as surveillance companies assisting law enforcement in its quest to keep communities safer. But in actuality, they seemingly bilk taxpayers by selling bulk information to …
Article • August 1, 2023 • from CLN August, 2023
Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents by Benjamin Tschirhart by Benjamin Tschirhart Flock Safety” sounds innocuous, like a company that might provide security for chicken farmers. However, this company has nothing to do with fowl. But make no mistake; what they …
California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence by Anthony Accurso by Anthony W Accurso In resolving a split among the state Courts of Appeal, the Supreme Court of California held that, unlike an outstanding arrest warrant, a …
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …
The George Washington University Law School-Rights Violations as Punishment, 2023 GW Law School Public Law and Legal Theory Paper No. 2023-25 GW Legal Studies Research Paper No. 2023-25 Rights Violations as Punishment Kate Weisburd This paper can be downloaded free of charge from the Social Science Research Network: https://ssrn.com/abstract=4424954 Electronic …
Article • May 18, 2023
Bipartisan Call for Postal Service to Overhaul Warrantless Snooping for Law Enforcement and Intelligence Agencies by Miles Dyson by Miles Dyson Senators Ron Wyden and Rand Paul are calling for a significant overhaul of the U.S. Postal Service’s surveillance policies, which currently allow warrantless monitoring of individuals’ mail on behalf …
Article • May 15, 2023 • from CLN June, 2023
Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased …
Article • May 15, 2023 • from CLN June, 2023
California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch by Richard Resch The Court of Appeal of California, Second Appellate District, held that a …
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 …
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