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Article • August 15, 2021 • from CLN September, 2021
Filed under: Costs, Police
Police Legal Defense Funds Have Millions in Reserve by Jayson Hawkins by Jayson Hawkins As the calls for greater police accountability have grown louder across the country, one of the most consistent and effective barriers to change is the power of police unions. The power of these unions is usually …
Article • August 15, 2021 • from CLN September, 2021
Big Brother Is Watching You Through Your Car by Jayson Hawkins by Jayson Hawkins More people are becoming aware that personal data is the currency of the Information Age in which we are living. Many have grown accustomed to taking steps to protect privacy on their phones and other digital …
Article • August 15, 2021 • from CLN September, 2021
Constitutional Protections No Protection for Colorado Man Killed by Police by Casey Bastian by Casey J. Bastian The death of Elijah McClain after a violent encounter with law enforcement in August, 2019, sparked local protests in Aurora, Colorado. In response to the inadequate departmental oversight, the Aurora City Council appointed …
Article • August 15, 2021 • from CLN September, 2021
Filed under: News in Brief
News in Brief by California: Five Southern California cops were placed on leave in June 2021 after a video surfaced showing them attacking suspects, according to reports by the Washington Post. On June 10, 2021, four Glendale police officers went on paid leave while an investigation was opened into their response to …
Article • August 15, 2021 • from CLN September, 2021
Warrantless Warrants and Crooked Courts in Chicago by Jayson Hawkins by Jayson Hawkins Recent media coverage of police brutality and other flagrant violations of civilians’ rights has offered numerous candidates for the dubious distinction of worst law enforcement agency in the U.S. The competition is stiff, but an investigation by …
Article • August 15, 2021 • from CLN September, 2021
Details Surface About Firm That Hacked iPhone for the FBI in 2016 by Anthony Accurso by Anthony W. Accurso It was in 2016 that a shooting in San Bernardino, California, sparked legal action in which the FBI attempted to use the courts to force Apple to enable a vulnerability that …
Article • August 15, 2021 • from CLN September, 2021
Debunking the Myth of ‘Dangerous’ Traffic Stops by Jayson Hawkins by Jayson Hawkins Daunte Wright. Philando Castile. Walter Scott. Sam DuBose. All too often another name is added to the list of Black men killed by cops at traffic stops. While police training continues to push the narrative that it …
Article • August 15, 2021 • from CLN September, 2021
Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws by Matthew Clarke by Matt Clarke Two recent reports by the Proteus Fund and Greenpeace show that organizations associated with law enforcement—mostly police unions—are the main drivers of the unprecedented number of new anti-protest bills introduced in state …
Article • August 15, 2021 • from CLN September, 2021
SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home by Douglas Ankney by Doug Ankney A unanimous Supreme Court of the United States (“SCOTUS”) held that the “community caretaking” function of police announced in Cady v. Dombrowski, 413 U.S. 433 (1973), which …
Article • August 15, 2021 • from CLN September, 2021
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement by Casey Bastian by Casey J. Bastian In recent years, law enforcement has realized the enormous potential to solve crimes by using genetic genealogy databases. New laws in Maryland and Montana seek to …
Article • August 15, 2021 • from CLN September, 2021
It’s No Shock That Tasers Increase Brutality by Casey Bastian by Casey J. Bastian During the past 20 years, the stun gun has become a popular weapon in the American law enforcement arsenal. First marketed as a “non-lethal” device, the deployment of stun guns has not decreased brutal police violence. …
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending by Anthony Accurso by Anthony W. Accurso In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be …
Article • August 15, 2021 • from CLN September, 2021
Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute by David Reutter by David M. Reutter The Supreme Court of Mississippi reversed a defendant’s conviction after finding the State failed to prove he conspired with anyone to distribute methamphetamine. The Court’s en banc ruling was …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Consequences of Plea
New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel by David Reutter by David M. Reutter The Supreme Court of New Mexico held that a magistrate court committed constitutional error by accepting a defendant’s plea of no contest without the assistance of counsel. The Court said …
Article • August 15, 2021 • from CLN September, 2021
California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, Division Eight, held that a felony-murder conviction was invalid when guilt was determined prior to the enactment of Senate Bill 1437 …
Article • August 15, 2021 • from CLN September, 2021
Maryland Enacts Significant Police Reform, Overriding Governor’s Veto by Jayson Hawkins by Jayson Hawkins The first state in the nation to institute a police bill of rights now also holds the distinction of being the first to repeal it. Passed into law in 1974, the legislation afforded Maryland cops the …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Deterrence/Recidivism
Decision Not to Prosecute May Reduce Chance of Recidivism by Kevin Bliss by Kevin Bliss Politics professor at New York University Anna Harvey, Rutgers University economist Amanda Agan, and Texas A&M economist Jennifer Doleac conducted a study January of 2019 intended to show that the decision not to pursue prosecution …
Article • August 15, 2021 • from CLN September, 2021
FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government by Dale Chappell by Dale Chappell The Federal Bureau of Investigation (“FBI”) recently subpoenaed USA Today seeking information on readers of a story about a botched FBI raid in Florida that killed two agents and wounded three other …
Article • August 15, 2021 • from CLN September, 2021
Prosecutors Call for Humane Sentencing Measures by Kevin Bliss by Kevin Bliss Sixty-four current and former prosecutors, attorneys, law enforcement officers, and other judicial leaders from 26 states and the District of Columbia signed a group statement titled “Joint Statement on Sentencing Second Chances and Addressing Past Extreme Sentences” in …
Article • August 15, 2021 • from CLN September, 2021
Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop by Anthony Accurso by Anthony W. Accurso A jury in Saint Louis acquitted five police officers on several counts relating to their violent assault on a man during protests in September 2017, a man who later turned out to …
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