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Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional
Article • April 12, 2019 • from CLN May, 2019
Filed under: Police, First Amendment, rights
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 …
Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional
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 …
In Washington State, a Man’s Home Is No Longer His Castle
Article • April 12, 2019 • from CLN May, 2019
Filed under: Searches, Search warrants, Fourth Amendment, rights
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
Article • April 12, 2019 • from CLN May, 2019
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Sex Offender Registration and Notification Act, Constitution, U.S.
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 …
Facial Recognition Gives Police Easier Access to Cellphones
Article • April 12, 2019 • from CLN May, 2019
Filed under: Searches, Computer Searches, Fifth Amendment
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 …
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional
Article • April 12, 2019 • from CLN May, 2019
Filed under: Constitution, U.S., Fifth Amendment, Constitution, state
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 …
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional
Article • April 12, 2019 • from CLN May, 2019
Filed under: DNA Testing/Samples, Search warrants, Fourth Amendment, rights
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 …
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence
Article • March 16, 2019 • from CLN April, 2019
Filed under: Search warrants, War on Drugs, Appeals, Fourth Amendment, rights
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 …
Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons
Article • March 16, 2019 • from CLN April, 2019
Filed under: Searches, Police Searches, Fourth Amendment, rights
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 …
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule
Article • March 16, 2019 • from CLN April, 2019
Filed under: Searches, Police Searches, Fourth Amendment, rights
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
HRDC v Marshall County, TN, Complaint, Jail Censorship, 2019
Filing • March 11, 2019
Filed under: PLN Litigation, First Amendment, First Amendment, rights, Fourteenth Amendment, rights
HRDC v Marshall County, TN, Complaint, Jail Censorship, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION HUMAN RIGHTS DEFENSE CENTER, Plaintiff, Case No.: v. MARSHALL COUNTY, TENNESSEE, BILLY LAMB, Sheriff of Marshall County, Tennessee, in his official and individual capacities; SABRINA PATTERSON, Jail …
Wright, et al. v. Family Support Division of the Missouri Department of Social Services, et al., MO., class action, jury demand, driver license suspensions without due process, 2019
Brief • March 4, 2019
Filed under: Inability to Work, Class Notice, Money/Property, Family, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights
Wright, et al. v. Family Support Division of the Missouri Department of Social Services, et al., MO., class action, jury demand, driver license suspensions without due process, 2019 Case: 4:19-cv-00398 Doc. #: 1 Filed: 03/04/19 Page: 1 of 37 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE …
Judge Urges Prosecution to Appeal Dismissal of Murder Charge
Article • March 2, 2019
Filed under: Fourth Amendment, rights, Second Amendment
Judge Urges Prosecution to Appeal Dismissal of Murder Charge by Douglas Ankney by Douglas Ankney After a two-and-a-half-hour hearing, Judge Catherine Wilking of Natrona County, Wyoming, dismissed a first-degree murder charge against Jason T. John. During the hearing, and at its conclusion, Wilking urged that her decision be appealed. In …
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
Article • February 15, 2019 • from CLN March, 2019
Filed under: Protests, Stun Guns/Tasers, Settlements, First Amendment, rights, Fourth Amendment, rights
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer by One of two men protesting police brutality while carrying a sign reading “Fuck Bad Cops” was tased by a police officer, after which he sued for violation of his First and Fourth Amendment rights. In December 2018, …
Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury
Article • February 15, 2019 • from CLN March, 2019
Filed under: Sentencing, Constitution, U.S.
Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury by Christopher Zoukis by Christopher Zoukis The Supreme Court of Hawaii, in ruling that a criminal defendant’s enhanced sentence violated the U.S. Constitution, has come on board with the U.S. …
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause
Article • February 15, 2019 • from CLN March, 2019
Filed under: Witnesses, Depositions, Trials, Sixth Amendment
Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that the Sixth Amendment’s Confrontation Clause was violated when the Government introduced videotaped deposition testimony …
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional
Article • February 14, 2019 • from CLN March, 2019
Filed under: Filing Fees, Bond Fees, Booking Fees, Constitution, U.S.
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney by Douglas Ankney On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot …
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases
Article • February 14, 2019 • from CLN March, 2019
Filed under: Appeals, Fourth Amendment, rights, Traffic stop
Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that police unlawfully prolonged a traffic stop in violation of the Fourth Amendment by repeatedly demanding that a …
SPLC Americans for Immigrant Justice: Prison by Any Other Name - A Report on South Florida Detention Facilities, 2019
Publication • February 9, 2019
Filed under: Sexual Harassment, Failure to Treat, Conditions of Confinement, Failure to Protect (General), Overcrowding, Staffing, Overdetention, Immigration, Failure to Treat (Mental Illness), Discrimination (Transgender), Family, Fourth Amendment, rights
SPLC Americans for Immigrant Justice: Prison by Any Other Name - A Report on South Florida Detention Facilities, 2019 PRISON BY ANY OTHER NAME A REPORT ON SOUTH FLORIDA DE TENTION FACILITIES ABOUT THE SOUTHERN POVERTY LAW CENTER The Southern Poverty Law Center, based in Montgomery, Alabama, is a nonprofit …
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry
Article • January 18, 2019 • from CLN February, 2019
Filed under: Search warrants, Fourth Amendment, rights
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
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