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Article • August 20, 2018 • from CLN September, 2018
SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a “search” under the Fourth Amendment when it accesses historical cell …
Article • August 20, 2018 • from CLN September, 2018
Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that evidence obtained during a traffic stop that was …
South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest by Dale Chappell by Dale Chappell Law enforcement must secure a warrant prior to obtaining a urine sample from an arrestee, the Supreme Court of South Dakota …
Federal Jury Awards Michigan Woman $1,048,000 over Retaliatory Arrests by Christopher Zoukis A Michigan woman who police arrested twice on charges of filing a false police report of rape was awarded just over $1 million after a federal jury found that the arrests were in retaliation for her criticism of …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Southern Poverty Law Center v. Homeland Security, et al., complaint for injunctive relief re ICE, 2018 Case 1:18-cv-01725 Document 1 Filed 07/24/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SOUTHERN POVERTY LAW CENTER Civil Action No. 1:18-cv-01725 Plaintiff, JURY DEMANDED V. UNITED …
Article • July 21, 2018 • from CLN August, 2018
Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon? by Steve Horn by Steve Horn Social media, broadly defined as encompassing popular websites, and smartphone applications such as Facebook, Twitter, Instagram and others, has been pointed to by many as a potentially revolutionary avenue through which …
Article • July 21, 2018 • from CLN August, 2018
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
Article • July 20, 2018 • from CLN August, 2018
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn by Steve Horn The more things change, the more they stay the same. That’s a truism to many observers of history and politics, but in the orbit of the U.S. criminal legal system, it’s literally governed by …
Article • July 20, 2018 • from CLN August, 2018
SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional by Richard Resch by Richard Resch In a May 29, 2018 opinion, the Supreme Court of the United States (“SCOTUS”) held that the automobile exception to the Fourth Amendment does not permit law enforcement to enter the curtilage of a home, …
Peltier v. Sacks Et Al, WA, Order on Motion for Summary Judgment, Wrongful Conviction, 2018 Case 3:17-cv-05209-RBL Document 54 Filed 07/16/18 Page 1 of 18 HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 LEONARD PELTIER, …
Wallace v. Baldwin, et al., IL, appeal, three strikes rule, 11 years in segregation, 2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 17‐2427 MAURICE L. WALLACE, Plaintiff‐Appellant, v. JOHN BALDWIN, et al., Defendants‐Appellees. ____________________ Appeal from the United States District Court for the Southern …
Disabled Louisiana Police Department Employee Settles Discrimination Suit with City by Christopher Zoukis by Christopher Zoukis Walter Steele, a city employee who worked with the Oakland Police Department in Louisiana and had cerebral palsy with partial paralysis, agreed to a settlement with the Oakdale police chief and the city after …
Greene v. City of Norwalk, CT, Settlement, Excessive Force by Police, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is entered into by Cody Greene ("Mr. Greene") and the City of Norwalk ("the City"), Officer Steven Luciano ("Luciano"), Officer Adam Mulkern ("Mulkern"), Officer Felipe Taborda …
$400,000 Settlement Accepted by Michigan Parolee Over Force by Police, Parole Officers by Christopher Zoukis by Christopher Zoukis Michael J. Trethewey, who was assaulted by police and parole officers for an alleged parole violation, accepted a $400,000 settlement in compensation for his medical expenses and injuries. Approximately $270,000 of that …
Article • June 18, 2018 • from CLN July, 2018
Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging …
Article • June 18, 2018 • from CLN July, 2018
New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations by Christopher Zoukis by Christopher Zoukis The Supreme Court of New Mexico reversed a defendant’s convictions for shooting at a dwelling resulting in death or great bodily harm and conspiracy to shoot at a dwelling based on a violation …
Article • June 18, 2018
Filed under: Attorneys, Sixth Amendment
SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …
Article • June 16, 2018 • from CLN July, 2018
New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke by Matt Clarke On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to …
Article • June 16, 2018 • from CLN July, 2018
Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch by Richard Resch In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant …
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