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Article • January 15, 2022 • from CLN February, 2022
Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Vehicle Searches
Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a driver who leaves the scene of an accident involving …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Confessions - Coerced
Pushback on Police Lying to Obtain False Confessions by Jayson Hawkins by Jayson Hawkins Lawrence Montoya was only 14 years old back in 2000 when Denver cops accused him of being involved in the murder of Emily Johnson, a local teacher. During the first two hours of interrogation, Montoya refuted …
Article • January 15, 2022 • from CLN February, 2022
A Closer Look at Sex Offender Registries by Casey Bastian After 25 Years, These Regulatory Regimes Are Proven to Be Misguided, Dysfunctional, and Excessively Punitive. It’s Time to Replace Fear With Function. by Casey J. Bastian The term “sex offender registry” (“SOR”) is known to nearly every person in America. It …
Article • January 15, 2022 • from CLN February, 2022
Filed under: First Step Act
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive …
Article • January 15, 2022 • from CLN February, 2022
Why Punishing Bad Prosecutors Won’t Fix a Bad System by James Doyle by James M. Doyle, The Crime Report  After 50 years of representing indigent defendants in urban criminal courts I have no objection to seeing prosecutors disciplined for their misconduct. As a matter of fact, I find the prospect delectable. …
Article • January 15, 2022 • from CLN February, 2022
California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences by David Reutter by David M. Reutter The Supreme Court of California issued an order that set the standard of review for motions …
Article • January 15, 2022 • from CLN February, 2022
Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Idaho …
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
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Digital Devices
New Digital Warrants Undermine Fourth Amendment by Anthony Accurso by Anthony W. Accurso Two relatively new types of warrants are causing a stir among privacy advocates and defense attorneys who claim the warrants are overbroad and jeopardize the spirit of the Fourth Amendment’s protections. “Geofence” or “reverse” warrants involve police …
Article • January 15, 2022 • from CLN February, 2022
Filed under: News in Brief
News in Brief by Arizona: The family of a homeless and mentally ill man who died after being restrained by Phoenix cops in 2017 will get $5 million from the city, after a 7-2 city council vote in favor of the payment on November 17, 2021, according to a report …
Article • January 15, 2022 • from CLN February, 2022
Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists by Dale Chappell by Dale Chappell Any proactive measure to cut down on cops shooting motorists is a good step in the right direction. At first glance, what the Minnesota Department of Public Safety (“MDPS”) is doing sounds …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Mens Rea
Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA by Dale Chappell by Dale Chappell  The U.S. Court of Appeals for the Eleventh Circuit held that because the defendant was convicted of an aggravated assault with a …
Article • January 15, 2022 • from CLN February, 2022
D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Police Misconduct
Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That by Casey Bastian by Casey J. Bastian In any emergency, Americans have been conditioned to call 911. Those three digits are typed into a phone by someone experiencing a critical situation around 240 million times …
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
Criminal Justice Legislation Signed by North Carolina Governor by Ashleigh Dye by Ashleigh N. Dye In August 2021, North Carolina Governor Roy Cooper signed three criminal justice bills into law. The goals of the new laws are to give law enforcement the mental health tools they need, ensure police are …
Article • January 15, 2022 • from CLN February, 2022
Filed under: junk science
New Study Reveals Digital Forensic Examiners Inclined to Biasability by Casey Bastian by Casey J. Bastian In a first-of-its-kind study, renowned cognitive bias expert Itiel Dror and co-author Nina Surnde researched the reliability and biasability (the impact of contextual information) of digital forensics (“DF”) experts’ performance. The study is titled …
Article • January 15, 2022 • from CLN February, 2022
SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) reversed a decision of the U.S. Court of Appeals for the Tenth Circuit that had reversed the U.S. District Court for the Eastern District …
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