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Article • March 16, 2019 • from CLN April, 2019
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 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 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 …
Article • March 2, 2019
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 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, …
Article • February 15, 2019 • from CLN March, 2019
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. …
Article • February 15, 2019 • from CLN March, 2019
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 …
Article • February 14, 2019 • from CLN March, 2019
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 …
Article • February 14, 2019 • from CLN March, 2019
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 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 …
Article • January 18, 2019 • from CLN February, 2019
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 …
Article • January 17, 2019 • from CLN February, 2019
Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule by Chad Marks by Chad Marks The Supreme Court of Pennsylvania ruled that a police officer’s continued interrogation after the accused told the interrogator he was done talking violated …
Jackson v. City of New York, et al., NY, Letter, Excessive Force on Off-Duty Cop, 2019 Case 1:11-cv-03028-PKC-SMG Document 139 Filed 01/02/19 Page 1 of 2 PageID #: 3743 THE CITY OF NEW YORK LAW DEPARTMENT ZACHARY W. CARTER Corporation Counsel BRIAN FRANCOLLA Senior Counsel Phone: (212) 356-3527 Fax: (212) …
Publication • January 1, 2019
Privatizing Criminal Procedure, Washington and Lee Public Legal Studies, 2019 Washington & Lee Public Legal Studies Research Paper Series Accepted Paper No. 2018 - 07 April 2, 2018 107 Georgetown Law Journal ___ (forthcoming 2019) Privatizing Criminal Procedure John D. King Clinical Professor of Law, Director of Experiential Education, and …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Article • December 21, 2018 • from CLN January, 2019
Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence by Richard Resch by Richard Resch The U.S. Court of Appeals for the Tenth Circuit ruled that police violated the Fourth Amendment by unreasonably seizing the home of …
Article • December 21, 2018 • from CLN January, 2019
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch by Richard Resch The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of …
Article • December 5, 2018 • from CLN December, 2018
Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials by Richard Resch by Richard Resch In its opinion issued on May 9, 2018, the U.S. Circuit Court of Appeals for the Second Circuit held that a prisoner has a First Amendment right …
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