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Article • August 13, 2022
Filed under: DNA Evidence
NJ Collects DNA Samples of All Babies Born in State and Police Can Access Data by The New Jersey Office of the Public Defender and the New Jersey Monitor recently filed a complaint against the New Jersey Department of Health Division and Environmental Laboratories seeking access to subpoenas served to …
Article • July 15, 2022 • from CLN August, 2022
Your Data Is For Sale and Anonymization Is Meaningless by Anthony Accurso by Anthony W. Accurso Data brokers exist to buy bulk user data collected by advertising tech companies and resell it to other companies, government agencies, and the public. They claim this practice is harmless since the data has …
Article • July 15, 2022 • from CLN August, 2022
Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence by Mark Wilson by Mark Wilson  The Supreme Court of Iowa held that the warrantless entry of an apartment to arrest the occupant on a misdemeanor charge was unlawful, …
Article • July 15, 2022 • from CLN August, 2022
Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …
Article • July 15, 2022 • from CLN August, 2022
Illinois Limits Police Access to Data Stored by Third Parties by Anthony Accurso by Anthony W. Accurso Illinois recently passed the Protecting Household Privacy Act (“PHPA”), which limits state law enforcement access to data stored by third parties, i.e., companies like Google and Facebook, requiring warrants in most circumstances, and …
Article • July 15, 2022 • from CLN August, 2022
Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies by Anthony Accurso by Anthony W. Accurso PenLink, a Nebraska company, is filling the void in the U.S. of private companies that help law enforcement agencies—mostly federal, but some local as well—accomplish the digital equivalent of wiretapping communications …
Deputy U.S. Marshall Tracks Girlfriends With Sensitive Law Enforcement Tool by Kevin Bliss by Kevin Bliss Ex-Deputy U.S. Marshall Adrian O. Pena was charged with 11 counts of unauthorized use of law enforcement services for personal gain. The charges involve nine people known to Pena through personal relationships and their …
Article • June 15, 2022 • from CLN July, 2022
U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes by Anthony Accurso by Anthony W. Accurso Recent FOIA disclosures revealed two contracts for law enforcement agencies under the U.S. Treasury—the IRS and Office of Foreign Assets Control (“OFAC”)—which will allow the agencies to obtain location data …
Punitive Surveillance, 2022 COPYRIGHT © 2022 VIRGINIA LAW REVIEW ASSOCIATION PUNITIVE SURVEILLANCE Kate Weisburd* Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone …
Article • May 15, 2022 • from CLN June, 2022
Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the smell of marijuana, by itself, no longer creates probable cause to justify a warrantless search of a vehicle …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Curtilege
New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Hampshire held that a warrantless entry of an enclosed porch attached to a mobile home was constitutionally impermissible because the homeowner took steps to …
Article • May 15, 2022 • from CLN June, 2022
New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed an order of the Appellate Division that had affirmed a trial court’s order denying a hearing …
FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data by Anthony Accurso by Anthony W. Accurso Arecently-obtained document sheds light on how an FBI special team obtains data from cellular providers to provide support for FBI, tribal, and local law enforcement investigations, including what data they can …
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 …
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