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Article • April 13, 2022
Postal Inspectors Have Been Illegally Spying on Americans by Brooke Kaufman by Brooke Kaufman A recent report from the Postal Service’s Office of Inspector General (“IG”) uncovered a program of “postal cops” within the U.S. Postal Service. The U.S. Postal Inspection Service’s Analytics and Cybercrime Program is used to “proactively …
Car Snitch Loophole: Can Police Use Bluetooth to View Personal Data Without a Warrant? by Brooke Kaufman by Brooke Kaufman An article from Reason.com claims police are able to view personal data when a cellphone is connected to car Bluetooth. Without a warrant, police are able to see not only …
Article • March 17, 2022
Rape Victim’s DNA Was Used by Police to Arrest Her on Unrelated Charges Six Years Later by According to an article from Forensic, a woman whose DNA sample from sexual assault evidence was used to arrest her on unrelated property crime charges six years later is planning to sue the …
Article • March 15, 2022 • from CLN April, 2022
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the …
Article • February 15, 2022 • from CLN March, 2022
SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing …
Article • February 15, 2022 • from CLN March, 2022
Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances by Jacob Barrett by Jacob Barrett  The Supreme Court of Oregon affirmed a circuit court order suppressing evidence discovered in a warrantless search conducted …
Article • February 15, 2022 • from CLN March, 2022
Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search by Anthony Accurso by Anthony W. Accurso  In a case of first impression on two issues, the Supreme Judicial Court of Massachusetts (“SJC”) held that (1) an officer wearing a bodycam inside a suspect’s …
Article • February 15, 2022 • from CLN March, 2022
Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho rejected the “instinctive entry rule” as an exception to the warrant requirement where a …
Article • January 15, 2022 • from CLN February, 2022
California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer by Douglas Ankney by Douglas Ankney The Court of Appeal, Sixth Appellate District, held that a trial court …
Article • January 15, 2022 • from CLN February, 2022
Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas upheld the decision of a lower court to suppress a defendant’s surreptitiously recorded statements on the ground that it was …
Article • January 15, 2022 • from CLN February, 2022
Government Keyword Searches Revealed by Jayson Hawkins by Jayson Hawkins Orwell’s warning that “Big Brother is watching” has hung over western society for decades, sometimes confirmed by revelations of unauthorized government wiretaps, sometimes rendered ridiculous by the paranoid rantings of conspiracy theorists. In the post-9/11, cyberspace driven, the Patriot Act …
Article • January 15, 2022 • from CLN February, 2022
Filed under: DUI, Warrantless Searches
Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho vacated Patricia Ann Amstutz’s conviction for misdemeanor driving under the influence …
Article • December 15, 2021 • from CLN January, 2022
Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment by Douglas Ankney by Douglas Ankney On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Warrantless Searches
Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful by Anthony Accurso by Anthony W. Accurso The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that …
Article • December 15, 2021 • from CLN January, 2022
Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Cell-Phones
How Law Enforcement Get Past Phone Encryption by Anthony Accurso by Anthony W. Accurso Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors. Cryptographers at Johns …
Article • November 15, 2021 • from CLN December, 2021
Law Proposed to End Sales of Private Data to Law Enforcement by Anthony Accurso by Anthony W. Accurso A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including …
Article • November 15, 2021 • from CLN December, 2021
Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Wisconsin affirmed the decision of the Court of Appeals (“COA”) that had held the incapacitated driver provision of Wisconsin’s implied consent statute, Wis. Stat, § 343.305(3)(b), is unconstitutional …
Article • November 15, 2021 • from CLN December, 2021
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction. On June 9, 2016, Akers called the local sheriff’s office and …
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