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‘Defensive’ Search Is Not a Recognized Exception to the Warrant Requirement … Yet by The ongoing debate surrounding the use of warrantless ‘defensive’ searches under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has raised critical questions about the delicate balance between protecting national security and safeguarding individual privacy. …
Article • May 6, 2023
FBI’s Anti-Encryption Campaign Sparks Controversy by In an era of heightened digital privacy concerns, the FBI finds itself at the center of a swirling controversy surrounding its persistent campaign against encryption. The Bureau’s concerted efforts to establish backdoors in encrypted communication systems have ignited a fierce debate, pitting security and …
Article • May 5, 2023
U.S. Marshals Service’s Secretive Surveillance Unit Still Recovering Months After Ransomware Attack by The U.S. Marshals Service’s electronic surveillance division, which operates in secrecy to track down fugitives, has been struggling to recover from a ransomware attack that occurred over two months ago. The incident highlights the ongoing threat that …
Article • May 4, 2023
Ninth Circuit Rules Honking One’s Car Horn Is Not Protected by the First Amendment by by Jordan Arizmendi The U.S. Court of Appeals for the Ninth Circuit ruled that honking a horn for any other reason than the safety of the driver and his or her passengers is not a …
Article • April 24, 2023
Latest Document Leak Already Being Used by Government as Excuse to Tighten Surveillance on All of Us by Jordan Arizmendi by Jordan Arizmendi After the latest confidential document leak, the Biden Administration as well as various security agencies are developing stricter methods to monitor social media sites and chatrooms. According …
Article • April 15, 2023 • from CLN May, 2023
Computing Fear in Black and Brown Communities by Michael Thompson by Michael Dean Thompson Over 50 years ago, fear of crime was even then associated in the minds of governing bodies with Black and brown communities. An effort to combat crime based on that fear spurred the creation of software …
Article • April 15, 2023 • from CLN May, 2023
California Court Rejects Geofence Warrant by Anthony Accurso by Anthony W Accurso A California trial court held that a geofencewarrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored. People v. …
Article • April 15, 2023 • from CLN May, 2023
Beware of Smart Devices That Infringe on Your Privacy by Casey Bastian by Casey J. Bastian The Surveillance Technology Oversight Project (“STOP”) released a review of smart devices entitled: “The Trojan House.” The revelations are concerning. If you like your privacy and don’t want strangers, hackers, and law enforcement surveilling …
Article • April 15, 2023 • from CLN May, 2023
California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of California announced the constitutional, ethical, and habeas …
The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes by Trevor Aaronson by Trevor Aaronson The young woman with long pink hair claimed to be from Washington state. One day during the summer of 2020, she walked into the Chinook Center, a community …
Article • April 15, 2023 • from CLN May, 2023
Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog …
Article • April 15, 2023 • from CLN May, 2023
How Minneapolis Uses Controversial Technology to Spy on Its Citizens by Michael Thompson by Michael Dean Thompson Through a series of public records requests to the Hennepin County Sheriff’s Office, Unicorn Riot (a non-profit, media-based organization of journalists) has obtained rare insight into how the police department responsible for George …
Article • April 9, 2023
Smart Locks Violate Tenants’ Privacy and Provide Valuable Information to Police by by Jordan Arizmendi People are often blindly attracted to the latest form of technology. As long as the contraption makes our lives easier, any invasion of privacy that it might entail is ignored. Smart locks are a perfect …
Article • April 9, 2023
The Number of Surveillance-Based Officer-Citizen Encounters Is Increasing by by Jordan Arizmendi Eyes in the skies are watching us. We are safe behind our bedroom doors. But when we are out in public, thanks to the latest in invasive police surveillance technology, there is always the possibility (even probability) that …
Article • March 22, 2023
Facing Driving-While-Suspended Charge in Oregon? DMV Has Thousands of Inaccurate Records, So You May Actually Be Innocent. But Other Innocent Drivers Already Sent to Prison by Jo Ellen Nott by Jo Ellen Nott Oregon law enforcement stopped Nicholas Chappelle on January 30, 2022, for expired tags. When the officer ran …
Article • March 16, 2023
Technology Allows for Overbroad Searches on Warrants by Kevin Bliss by Kevin W. Bliss Geofence location and reverse search warrants are the new trends in law enforcement agencies’ criminal investigations. But, their use concerns civil rights advocates because of the overbroad scope of their results and the means by which …
DNA-Based Computer-Generated Mugshots Put Entire Community on Wanted List by Eike Blohm, MD by Eike Blohm, MD Parabon NanoLabs uses DNA from crime scenes to predict the appearance of suspects. A computer-generated mugshot released by the Edmonton Police Service was so generic that thousands of young Black men fit the …
Article • March 15, 2023 • from CLN April, 2023
Law Enforcement and Mad Men by Douglas Ankney by Douglas Ankney About two decades ago, the TV network AMC had a hit show entitled Mad Men. Starring Jon Hamm and others, it portrayed the foibles of the financially elite but morally bankrupt men and women in the business of writing …
Article • March 15, 2023 • from CLN April, 2023
Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to …
Article • March 15, 2023 • from CLN April, 2023
Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …
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