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Article • December 15, 2023 • from CLN December, 2023
We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372 by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the …
Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …
Article • November 1, 2023 • from CLN November, 2023
Your Car Is Spying on You by Michael Thompson by Michael Dean Thompson While it is true that Americans tend to carry their cellphones as grafted appendages, it may be that their cars know even more about them than their cellphones. Consider the following scenario: Jane sees that her car …
People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check by Douglas Ankney by Douglas Ankney The people of Maine have made a bold step in corralling the “unaccountable power of fusion centers” with the passage of HP 947, An Act to Increase the Transparency and …
Study Reveals Important Details About iPhone’s Building Level Registration Reliability by Jo Ellen Nott by Jo Ellen Nott In a stabbing case in The Hague, Netherlands, a suspect facing charges in the deadly incident denied his involvement. Wanting to prove his presence at the crime scene, the Dutch police turned …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable …
Computing Fear in Black and Brown Communities by Michael Thompson by Michael Dean Thompson Over 50 years ago, fear of crime was even then associated in the minds of the governing bodies with Black and brown communities. An effort to combat crime based on that fear spurred the creation of …
Article • October 1, 2023 • from CLN October, 2023
Digital Voiceprinting Is Not Ready for Court by Anthony Accurso by Anthony W. Accurso New techniques using artificial intelligence to analyze voices fall short of meeting the standard for court admissibility, but that hasn’t stopped police from coercing plea deals out of defendants while claiming the “evidence” against them is …
Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …
Article • October 1, 2023 • from CLN October, 2023
Closed Circuit Cameras: Not the Objective Lenses We’re Told by Benjamin Tschirhart by Benjamin Tschirhart The camera is the ultimate symbol of faithful and accurate recording in the public consciousness. Photographs and camera footage command overwhelming respect and deference from candid, everyday selfies all the way to court proceedings. “The …
Article • October 1, 2023 • from CLN October, 2023
New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework by Richard Resch by Richard Resch The Court of Appeals of New York ruled that the defendant (1) moving from the driver’s seat to the passenger’s seat, …
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Consent, Consent Searches
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso by Anthony W Accurso The Supreme Court of New Jersey held that a third party, with property in a storage trailer shared with the defendant, …
New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi by Jordan Arizmendi At the end of June 2023, Montana Governor Greg Gianforte signed a bill, Senate Bill 397 (“SB397”) that will ban warrantless facial recognition surveillance, generally. According to the law, the exceptions that would permit a law …
Article • September 1, 2023 • from CLN September, 2023
Surveilling AI’s Big Moment by Michael Thompson by Michael Dean Thompson AI is having its moment. And though   much of what has been slapped with the AI label is generally a far cry from the large language models you may have experienced at Bing and Google, it can still be …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Probable Cause, Suppression
Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Sixth Circuit required suppression of evidence based upon a warrant for evidence related to a structure …
Article • September 1, 2023 • from CLN September, 2023
Biased Algorithms Are Still a Problem by Michael Thompson by Michael Dean Thompson The reduction of biases in criminal justice is an ongoing problem that does not lend itself to easy solutions. Artificial Intelligence (“AI”) may one day be that solution, though Boston University associate professor of law and assistant …
Article • September 1, 2023 • from CLN September, 2023
Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet by Jordan Arizmendi by Jordan Arizmendi Last February, WDTN reported that  Dayton, Ohio, City Commission members, voted to approve installation of the Fusus network. When the system is set up, a 911 call will automatically …
New Service Highlights Cellphone Privacy Issues by Michael Thompson by Michael Dean Thompson Corporations have turned cellphones into mobile snooping devices that monetize consumer habits and daily activity. A new service, Pretty Good Phone Privacy (“PGPP”), addresses some of the privacy concerns built into the cellular system. The problem comes down …
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