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Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 20, 2018 • from CLN October, 2018
The Broad Reach of Carpenter v. United States by Paul Ohm "The Broad Reach of Carpenter v. United States" by Paul Ohm was originally published June 27, 2018, on Just Security Carpenter v. United States is an inflection point in the history of the Fourth Amendment. From now on, we’ll be …
Miller v. Maddox, TN, Resolution to Settle, Police Misconduct and False Statements, 2018 Resolution No. RS2018-1394 A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Miller against Woodston Maddox in the amount of $50,000.00, and reasonable attorney’s fees, not to exceed $80,000.00, and …
Article • August 28, 2018
The power of sheriffs rooted in U.S. history by Edward Lyon by Ed Lyon Three of the most recognizable and well-known facets of U.S. society originated in England: the language, the writ of habeas corpus and the office of sheriff. The first sheriff in the colonial United States was elected …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy by Dale Chappell by Dale Chappell The U.S. Supreme Court held that a driver of a rental car who is not listed as an authorized driver on the rental agreement still had an expectation of …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
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, …
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