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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 …
Article • July 15, 2020 • from CLN August, 2020
Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that imposition of GPS monitoring as a condition of bail was an unreasonable search because the monitoring did not further any legitimate governmental …
Article • July 15, 2020 • from CLN August, 2020
FBI Provides Fitness App in Exchange for Users’ GPS Coordinates by Douglas Ankney by Douglas Ankney During the coronavirus lockdown, the FBI is urging people to stay in shape by downloading its Fitness App. On March 23, 2020, the agency tweeted “download the FBI’s Physical Fitness Test app to learn …
Article • June 15, 2020 • from CLN July, 2020
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Article • June 15, 2020 • from CLN July, 2020
Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso by Anthony Accurso The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day …
Article • June 15, 2020 • from CLN July, 2020
Aggressive NYPD Police Tactics Spreading COVID-19 by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Like a scene out of Will Smith’s movie, Legend, one of the most iconic visual images during the New York City lockdown in the wake of COVID-19 is a photo of a lone policeman on horseback …
Article • June 15, 2020 • from CLN July, 2020
NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …
Article • June 15, 2020 • from CLN July, 2020
Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Minnesota, the Court held that hotel guests have a reasonable expectation of privacy in the sensitive location information found in …
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