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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 …
Article • October 27, 2021
FBI Teaches Law Enforcement How to Turn Your Cell Phone Against You by Chuck Sharman by Chuck Sharman A recently revealed FBI report provides detailed instruction to law enforcement on snooping through cell phone data, often without a search warrant, while also delving into similarly warrantless mining of social media …
The Clash Between Closed-Source Forensic Tools and the Confrontation Clause by Anthony Accurso by Anthony W. Accurso Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic …
Article • September 15, 2021 • from CLN October, 2021
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic …
Article • August 15, 2021 • from CLN September, 2021
Warrantless Warrants and Crooked Courts in Chicago by Jayson Hawkins by Jayson Hawkins Recent media coverage of police brutality and other flagrant violations of civilians’ rights has offered numerous candidates for the dubious distinction of worst law enforcement agency in the U.S. The competition is stiff, but an investigation by …
Article • August 15, 2021 • from CLN September, 2021
SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home by Douglas Ankney by Doug Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the “community caretaking” function of police announced in Cady v. Dombrowski, 413 U.S. 433 (1973), which …
Article • August 15, 2021 • from CLN September, 2021
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement by Casey Bastian by Casey J. Bastian In recent years, law enforcement has realized the enormous potential to solve crimes by using genetic genealogy databases. New laws in Maryland and Montana seek to …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Warrantless Searches
Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Seventh Circuit held that a coworker cannot conduct limitless searches of a defendant’s work area at the direction of a government agent, simply because …
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