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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 …
Article • November 15, 2022 • from CLN December, 2022
Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Wyoming held that the district court erred in ruling an …
Corporate Data Brokers Help Law Enforcement Spy on Millions of Law-Abiding People by Anthony Accurso by Anthony W. Accurso The shady economy of data brokers vacuums up personal data from hundreds of millions of people — mostly in the U.S. but also in other countries­ — and this data is …
Article • November 15, 2022 • from CLN December, 2022
Location Tracking Devices Can Create the Appearance of Guilt by Benjamin Tschirhart by Benjamin Tschirhart In a recent review of new location tracking tech, New York Times writer Kashmir Hill tested several tools with the help of her husband Trevor Timm, who is also executive director of the Freedom of …
Article • November 15, 2022 • from CLN December, 2022
Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed by Mark Wilson by Mark Wilson The Supreme Court of Rhode Island upheld a lower court’s suppression of un-Mirandized statements made to police, finding that the defendant was in custody at the scene of an …
Article • September 15, 2022 • from CLN October, 2022
FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield by Jayson Hawkins by Jayson Hawkins The tale reads like a Hollywood version of undercover police work, but Operation Trojan Shield really happened. The FBI was monitoring encrypted traffic on the “black devices” favored by criminals as soon as …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home by Douglas Ankney by Douglas Ankney In consolidated cases presenting an issue of first impression, the Supreme Court of New Jersey announced the framework for determining the lawfulness …
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