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Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center by the National Association of Criminal Defense Lawyers Fourth Amendment Center The Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
U.S. Commission on Civil Rights - Collateral Consequences - The Crossroads of Punishment, Redemption and the Effects on Communities, 2019 U . S . C O M M I S S I O N O N C I V I L R I G H T S COLLATERAL CONSEQUENCES: The …
Honoring Innocent Until Proven Guilty: Switching the Default Rule From Pretrial Detention to Pretrial Release in Texas's Bail System, Texas A&M Law Review, 2019 Texas A&M Law Review Volume 6 Issue 1 2-2019 Honoring Innocent Until Proven Guilty: Switching the Default Rule from Pretrial Detention to Pretrial Release in Texas's …
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Fifth Amendment
Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit ruled that a defendant’s misprision of felony conviction for failing to report a felony in which the defendant was herself involved …
Article • May 15, 2019 • from CLN June, 2019
DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases by Steve Horn by Steve Horn After a years-long federal court dispute, the Electronic Frontier Foundation (“EFF”) and Electronic Privacy Information Center (“EPIC”) won a Freedom of Information Act (“FOIA”) lawsuit, which forced the U.S. Drug Enforcement Administration …
Article • May 15, 2019 • from CLN June, 2019
Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective by Edward Lyon by Ed Lyon  The Sixth Amendment to the U.S. Constitution requires that all criminal defendants have a lawyer’s assistance to prepare and present a defense against whatever crime a prosecutor is accusing him or her of committing, as a …
Article • May 15, 2019 • from CLN June, 2019
Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard by Chad Marks by Chad Marks The Supreme Court of Delaware held that a defendant’s Sixth Amendment right to assistance of counsel was violated by trial counsel’s near-total absence during the pretrial stage …
Article • May 15, 2019 • from CLN June, 2019
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Trials, Sixth Amendment
Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a delay of 68 months between arrest and trial violates the right to a speedy trial enshrined in the Sixth Amendment when most of …
Portion of Illinois Sex Offender Law is Unconstitutional by Douglas Ankney by Douglas Ankney U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that …
Article • May 15, 2019 • from CLN June, 2019
First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers …
Article • May 15, 2019 • from CLN June, 2019
Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment by David Reutter by David Reutter Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. …
Article • May 15, 2019 • from CLN June, 2019
Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed that raising one’s middle finger without the four other fingers showing is an expression protected by the First Amendment. In doing so, …
NACDL Fourth Amendment Center Compelled Decryption Primer, 2019 Reprinted With Permission from the National Association of Criminal Defense Lawyers, 2019. To download the original PDF of this primer, please visit www.nacdl.org/fourthamendment Compelled Decryption Primer The Supreme Court recognized in Riley v. California that cell phones The majority of Americans now …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
Seales v. City of Detroit, MI, Amended Judgment, Wrongful Arrest, 2019 Case 4:12-cv-11679-GAD-DRG ECF No. 201 filed 04/19/19 PageID.3185 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Case No.: 12-11679 Honorable Gershwin A. Drain v. THOMAS ZBERKOT, Defendant. ___________________________/ AMENDED JUDGMENT This …
Article • April 13, 2019
California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents by Chad Marks by Chad Marks California police unions are bringing their fight against a new transparency law -- Senate Bill 1421 -- to the courts, suing local governments in what looks like a losing …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sixth Amendment
Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’ by Douglas Ankney by Douglas Ankney The Supreme Court of Delaware ruled that an attorney’s limited pretrial contact deprived a defendant of effective assistance of counsel. Everett …
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