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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 …
Article • November 3, 2020
Filed under: Cell-Phones
IRS May Have Obtained Phone Location Data Without Warrant by Anthony Accurso by Anthony Accurso The Treasury Inspector General for Tax Administration (“TIGTA”) is expected to investigate a claim that the IRS Criminal Investigation (“CI”) unit attempted to obtain location data on suspects without first obtaining a warrant. The Supreme …
Article • October 15, 2020 • from CLN November, 2020
Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person by Anthony Accurso by Anthony Accurso The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Cell-Phones
Washington Federal Court: Looking at Lock Phone Screen Requires Warrant by Anthony Accurso by Anthony Accurso The U.S. District Court for the Western District of Washington in Seattle ruled that the FBI conducted an illegal search of a defendant’s phone by powering it on to inspect the lock screen, resulting …
Article • September 15, 2020 • from CLN October, 2020
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Protests, Cell-Phones
Protecting Your Phone at Protests by Douglas Ankney by Douglas Ankney As of the date of this article, protests continue against police brutality and systemic racism in the wake of the murder of George Floyd. While racism and police brutality are at least as old as America itself, Floyd’s death …
Article • September 3, 2020
Feds Use Private Companies to Gather Cell Site Location Data to Bypass Search Warrant Requirement by Dale Chappell by Dale Chappell Federal agencies have been spying on citizens by buying cell site location data (“CSLI”) from private companies in order to avoid the requirement of a search warrant that they …
Article • August 26, 2020
Hackers Expose Hundreds of Thousands of Documents Containing Subscriber Info Google Turned Over to Law Enforcement by Dale Chappell by Dale Chappell Hackers dug into servers of a hosting company in Texas used by law enforcement and found that hundreds of thousands of documents from more than 200 agencies contained …
Article • August 15, 2020 • from CLN September, 2020
Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also …
Extending the Surveillance State During the Pandemic by Anthony Accurso by Anthony W. Accurso Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, …
Guard Your Digital Privacy to Keep Your Real Self Safe by Anthony Accurso by Anthony Accurso It’s no secret that our digital devices, especially our phones, are collecting troves of data about us — our preferences, habits, and movements. Many of us understand this is the price we pay for …
Article • August 15, 2020 • from CLN September, 2020
Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization by Dale Chappell by Dale Chappell As Congress looks to renew the PATRIOT Act, some members of Congress and privacy advocates are concerned about privacy issues because Congress has no idea what internet data the government …
Article • July 15, 2020 • from CLN August, 2020
Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit ruled that a deputy trying to help a woman retrieve her belongings by opening the lid to a …
Article • July 15, 2020 • from CLN August, 2020
Big Brother, as Well as Big Business, Are Tracking You: the Snitch in Your Own Pocket, Purse, or Belt Holder by Edward Lyon by Ed Lyon Some ancient cultures believed that everywhere a person went they left an invisible essence of themselves behind that marked their passage. While this is …
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