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Article • September 15, 2022 • from CLN October, 2022
Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI by Anthony Accurso by Anthony W. Accurso Public records requests have shed light on a program within the Chicago Police Department (“CPD”) whose purpose is to collect information on people by surveilling their social media profiles …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Crime, Police
Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes by Jacob Barrett by Jacob Barrett In June 2021, Denver, Colorado, launched its Support Team Assistance Response (“STAR”) program that consists of a two-person crisis response team, a medic and a clinician, who are called …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Crime Labs, junk science
Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies by Douglas Ankney by Douglas Ankney Forensic investigators have long used the well-known stages of blowfly development found on bodies post mortem to determine the amount of time that has elapsed since death. However, …
Article • September 15, 2022 • from CLN October, 2022
Filed under: News in Brief
News in Brief by Alabama: On August 4, 2022, the Vincent City Council voted to fully dissolve the city’s police force after racist text messages by a top officer were discovered, CNN reported. The city is home to about 2,000 residents and until the vote by the council, had just …
Article • September 15, 2022 • from CLN October, 2022
The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation by Casey Bastian by Casey J. Bastian Many Americans have heard the term “whistleblower.” Someone who is willing to reveal something covert or corrupt or who informs against another. Ostensibly lauded, such people willing to take a principled stand …
Article • September 15, 2022 • from CLN October, 2022
Psychological Repercussions of Surveillance by Anthony Accurso by Anthony W. Accurso Steve Martinot, Instructor Emeritus at the Center for Interdisciplinary Programs at San Francisco State University, wrote a lay explanation of the psychological effects of the surveillance state, explaining its persistent harm and its purpose in perpetuating norms of oppression. …
Article • September 15, 2022 • from CLN October, 2022
Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso by Anthony W. Accurso Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this …
Article • September 15, 2022 • from CLN October, 2022
Forensic Psychiatrist Questions the Value of Memory by Jayson Hawkins by Jayson Hawkins Eyewitness testimony is often central to criminal trials, and even though the quality of that testimony has repeatedly come under fire in the age of DNA-based exonerations, the value of eyewitness accounts has not diminished. This value …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Informants
Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions by Jacob Barrett, Dale Chappell by Jacob Barrett and Dale Chappell The general public’s familiarity with the government’s use of informants in criminal proceedings is largely confined to movies and TV documentaries. Yet, every year, …
Article • September 15, 2022 • from CLN October, 2022
Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i held that a defendant’s right not to incriminate herself under article I, section 10 of the Hawai’i Constitution was violated when …
Article • September 15, 2022 • from CLN October, 2022
The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead This article was originally published by The Rutherford Institute on August 22, 2022. It is reprinted here with permission.   “We want no Gestapo or Secret Police. FBI is tending …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • September 15, 2022 • from CLN October, 2022
Tech Giants Support Ban on Geofence and Reverse Keyword Warrants by Anthony Accurso by Anthony W. Accurso Google, Microsoft, and Yahoo issued a public statement via the trade organization, “Reform Government Surveillance,” supporting a bill before the New York State legislature that would prohibit the use of geofence and reverse …
Article • September 15, 2022 • from CLN October, 2022
Filed under: AEDPA
Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief by Dale Chappell by Dale Chappell Expanding the savings clause yet again, the U.S. Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a motion under 28 U.S.C. § …
Article • September 15, 2022 • from CLN October, 2022
Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that 2018 House Bill 228’s (“H.B. 228”) …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Child Pornography
USSC Report Highlights Problems with Sentencing in Child Porn Cases by Dale Chappell Why don’t federal judges follow the recommended sentences for child porn offenders? Here’s a government report answering that question. by Dale Chappell If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, …
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 • September 15, 2022 • from CLN October, 2022
New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico …
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