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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 …
Article • June 15, 2021 • from CLN July, 2021
Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) reversed Jesse Adrian Martinez’s conviction after determining that the Court of Appeals (“COA”) misapplied the factors of Brown …
Article • June 15, 2021 • from CLN July, 2021
Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a refusal to submit to a warrantless blood test could not be used as …
Article • June 15, 2021 • from CLN July, 2021
Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the smuggling of persons across the U.S.-Mexico border alone did not justify the nonconsensual, warrantless search …
Article • June 15, 2021 • from CLN July, 2021
Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois affirmed a decision of the appellate court that ruled a motion to suppress inculpatory statements should have been granted …
Article • June 15, 2021 • from CLN July, 2021
West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia held that an Emergency Protective Order (“EPO”) issued pursuant to West Virginia Code § 48-27-403 (2006) (“EPO Statute”) is not a de facto search warrant. Jeffery …
Article • May 15, 2021 • from CLN June, 2021
Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit held that a police officer’s seizure of a firearm from a vehicle was unreasonable because an inventory of the vehicle was abandoned, and the …
Article • May 15, 2021 • from CLN June, 2021
Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …
The Parole App Trap by Jayson Hawkins by Jayson Hawkins When the COVID-19 pandemic struck in 2020, people from all walks of life struggled to find ways to reduce or eliminate face-to-face interactions. But for parole officers and the individuals under their supervision, there was already an app for that. …
Article • April 15, 2021 • from CLN May, 2021
Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that the insertion of a car key into a lock of a vehicle’s door by police …
Article • April 15, 2021 • from CLN May, 2021
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ by Douglas Ankney by Douglas Ankney The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises. …
Article • April 15, 2021 • from CLN May, 2021
Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant by Anthony Accurso by Anthony Accurso The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is …
Article • March 15, 2021 • from CLN April, 2021
Tech Company Enables Total Surveillance by Jayson Hawkins by Jayson Hawkins A little-known tech company in Texas has dramatically altered the landscape of digital police surveillance. Hawk Analytics, headquartered in Bartonville, Texas, has developed software that streamlines the process police use to turn the huge quantities of information they obtain …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
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