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Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status by Anthony Accurso   by Anthony Accurso The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer …
Article • September 15, 2020 • from CLN October, 2020
New ‘Barcode’ System Puts DNA Sample to the Authenticity Test by Anthony Accurso by Anthony Accurso Researchers have developed a new system that could be used to ensure that the evidence processed in a laboratory is the same evidence that was collected in the field (e.g., from a crime scene). …
Article • July 15, 2020 • from CLN August, 2020
Two New Forensic DNA Standards Added to the OSAC Registry by National forensic science organization approves standards for interpreting DNA mixtures. by the National Institute of Standards and Technology, U.S. Department of Commerce https://www.nist.gov/news-events/news/2020/05/two-new-forensic-dna-standards-added-osac-registry The Organization of Scientific Area Committees (OSAC) for Forensic Science has placed two new standards covering …
Article • June 15, 2020 • from CLN July, 2020
DNA Database of NYC’s Chief Medical Examiner Plagued with Errors by Douglas Ankney by Douglas Ankney Darrell Harris was arrested for a home burglary that occurred in December 2018. A detective from the New York Police Department (“NYPD”) told Harris his DNA had been recovered from a window of the …
Article • June 15, 2020 • from CLN July, 2020
Justice Office Awards $145 Million in Forensic Science Grants by Anthony Accurso by Anthony Accurso The Office of Justice Programs at the Department of Justice recently announced grants of more than $145 million being awarded through various programs it helps to fund. These grants will cover initiatives centered on forensic …
Article • June 15, 2020 • from CLN July, 2020
Filed under: DNA Testing/Samples
New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims by Dale Chappell by Dale Chappell When 17-year-old Barbara Blatnik was found dead in December 1987, Cleveland police found DNA under her fingernails, but it was a mixture of hers and her killer’s. At the time, DNA techniques couldn’t …
Article • April 15, 2020 • from CLN May, 2020
Filed under: Drug Testing
New Fingerprint Test Can Distinguish Whether Person Ingested Cocaine or Only Touched It by Douglas Ankney by Douglas Ankney Forensic researchers from the University of Surrey in southeast England have revealed they can examine fingerprints to determine whether a person has ingested cocaine or merely touched cocaine. In 2017, Melanie …
Article • March 18, 2020 • from CLN April, 2020
Warrant Gives Police Access to DNA Database by Jayson Hawkins by Jayson Hawkins  Advances in DNA technology over recent years have enabled people to discover genetic predispositions, reconstruct family trees, and track down lost relatives. Nearly 30 million users have uploaded their profiles to DNA sites in hopes of reconnecting …
Article • March 18, 2020 • from CLN April, 2020
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Article • March 18, 2020 • from CLN April, 2020
Life Sentence for Murder Overturned by New DNA Technology by Michael Fortino, Ph.D by Michael Fortino, Ph.D. After nearly 10 years behind bars, Lydell Grant, now 42, is on his way to being exonerated after the highest criminal appellate court in Texas vacated his conviction following its review of revised …
Article • February 19, 2020 • from CLN March, 2020
Filed under: DNA Testing/Samples
Federal Rules Limit Searches of Private DNA Databases by Jayson Hawkins by Jayson Hawkins A new policy instituted by the U.S. Department of Justice (“DOJ”), effective November 1, 2019, is the first federal rule governing the use of family-tree DNA databases by law enforcement. Services that allow individuals to trace …
Article • February 19, 2020 • from CLN March, 2020
DNA Contamination Threatened Conviction of Innocent Man by Kevin Bliss by Kevin Bliss The NYC Medical Examiner’s office (“ME”) reviewed the DNA analysis procedure in a burglary case that was the only evidence used to charge Darrell Harris with the crime. They found that the DNA sample could have been …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Search warrants
Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i agreed with a circuit court’s finding that a search warrant failed to satisfy the particularity requirement of article I, § 7 of the Hawai’i …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Searches
Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that when officers unlawfully issue an order commanding a suspect to exit a vehicle, any evidence obtained from the subsequent …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Searches
California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, held that a condition imposed during a mandatory supervision period that required the defendant to submit to searches of any electronic device in …
Estate of Kevin Brown v. Lambert, CA, jury verdict and damages, wrongful death, 2020 Case 3:15-cv-01583-DMS-WVG Document 191 Filed 02/14/20 PageID.5153 Page 1 of 4 1 2 FILED 3 FEB 14 2020 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 SOUTHERN DISTRICT OF CALIFORNIA ESTATE OF KEVIN BROWN …
Article • January 21, 2020 • from CLN February, 2020
First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated the conviction of Bryan Moran because his sister, Alysha, had neither actual nor apparent authority …
Article • January 21, 2020 • from CLN February, 2020
Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Search warrants
California Supreme Court Overturns Its Warrantless Identification Search Precedent by Dale Chappell by Dale Chappell The Supreme Court of California overturned its previous ruling that had allowed police to search a person’s vehicle for identification as an exception to the warrant requirement under the Fourth Amendment. The case came before …
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