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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 …
Article • April 12, 2019 • from CLN May, 2019
Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional by Dale Chappell by Dale Chappell The U.S. District Court for the District of Massachusetts ruled that secretly recording the police in public is protected by the First Amendment and that a Massachusetts law forbidding such activity …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Constitution, U.S.
Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit, sitting en banc, held that the definition of a “crime of violence” in 18 U.S.C. 924(c)(3)(B)—commonly referred to as the “residual clause”—is  unconstitutional for vagueness. Joseph …
Article • April 12, 2019 • from CLN May, 2019
In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon by Ed Lyon  Most Americans are familiar with the Fourth Amendment of the U.S. Constitution, which guarantees them security in their persons and homes from unreasonable searches and seizures. Perhaps this is where the axiom that …
Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a …
Article • April 12, 2019 • from CLN May, 2019
Facial Recognition Gives Police Easier Access to Cellphones by Dale Chappell by Dale Chappell Facial recognition might make a cellphone more secure than a simple password, but it also gives the police less work to do if they want to search that phone.  By switching from a password to facial …
Article • April 12, 2019 • from CLN May, 2019
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Article • March 16, 2019 • from CLN April, 2019
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas ruled that the search of a defendant’s wallet during a frisk for weapons pursuant to an investigatory detention constituted an unconstitutional search. Corporal Kenneth Kennedy …
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