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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 …
Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …
Article • January 27, 2021
DEA Drops Contract with Vendor by by Jayson Hawkins The double-edged sword of technology has made it possible for us to find virtually any information we are seeing in an instant, yet it has also made it possible for us to be found by any agency that can afford to …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • January 15, 2021 • from CLN February, 2021
Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications by Anthony Accurso by Anthony Accurso On Election Night, November 3, 2020, Michigan voters approved a ballot measure amending the state constitution to add electronic data and communications to the category of items protected from unreasonable searches and seizures. …
Article • December 23, 2020
Makers of DNA Analytic STRmix Announce New Enhancement Allowing Better, Faster DNA Searches by Dale Chappell by Dale Chappell Makers of the ground-breaking DNA analyzing program STRmix have announced an addition to that program that will allow more robust DNA searches and analysis in criminal cases. It’s called DBLR (database …
Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a probation officer’s warrantless search of a probationer’s cellphone was unreasonable where the probation officer did not have reasonable suspicion to …
Article • December 15, 2020 • from CLN January, 2021
Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on October 21, 2020, that there was no probable cause to search cellphones found on someone who was found in close …
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