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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 …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Cell-Phones
Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm by Anthony Accurso by Anthony Accurso The Office of Homeland Security (“OHS”) has been purchasing “anonymized” cellphone location data for use in Customs and Border Protection (“CBP”) investigations, according to information obtained by the Wall …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Theft, GPS Tracking Device
Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana suppressed all evidence resulting from search warrants obtained on the basis that the sheriff’s department concluded a suspect “stole” the …
Publication • 2020
Filed under: Cell-Phones
Upturn, Mass Extraction - the Widespread Power of US Law Enforcement to Search Mobile Phones, 2020 Upt~!.r.! in Technology Mass Extraction: The Widespread Power of U.S. Law Enforcement to Search Mobile Phones Logan Koepke Emma Weil Urmila Janardan Tinuola Dada Harlan Yu October 2020 Mass Extraction: The Widespread Power of …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Warrantless Searches
California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence by Douglas Ankney by Douglas Ankney Division One of the Fourth Appellate District of the California Court of Appeal ruled that an unoccupied vehicle left running in a driveway satisfied neither the “emergency aid exception” nor the …
Article • April 15, 2020 • from CLN May, 2020
Big Brother Is ... Tracking You by Douglas Ankney by Douglas Ankney In these Orwellian times, the Detroit Police Department (“DPD”) has obtained a cell-site simulator (“CSS”). It’s a surveillance technology that locates and tracks phones by mimicking cellphone towers. The DPD bought the technology for $622,000 and began using …
Article • April 15, 2020 • from CLN May, 2020
First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit reversed a district court’s order denying a defendant’s motion to suppress on the basis …
Publication • June 26, 2018
Stingrays Letter, US Senator Wyden, 2018 RONWYDEN COMMITTEES: OREGON COMMITTEE ON RNANCE RANKING MEMBER OF COMMITTEE ON RNANCE COMMITTEE ON ENERGY & NATURAL RESOURCES COMMITTEE ON BUDGET tlnitrd~tatrs~rnatr WASHINGTON, DC 20510-3703 SELECT COMMITTEE ON INTELLIGENCE JOINT COMMITTEE ON TAXATION 221 DIRKSEN SENATE OFFICE BUILDING WASHINGTON , DC 20510 (202) 224 …
Lundstrom v. Albuquerque Police Officers, NM, Satisfaction of Judgement, Illegal Search and Seizure, 2012 Case 1:07-cv-00759-JCH-WDS Document 225 Filed 07/05/12 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER, Plaintiffs, vs. CASE NO: 07-00759 JCH/WDS ALBUQUERQUE POLICE OFFICERS …
Newton v. Albuquerque Police Officers, NM, Complaint, Illegal Search and Seizure, 2010 STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT KENNETH NEWTON and JAMES SAMPSON Plaintiffs, vs. CASE NO: ALBUQUERQUE POLICE OFFICERS SERGEANT T. ESPINOSA, OFFICER M. TRAHAN, OFFICER M. MONETTE, OFFICER J. SANCHEZ, OFFICER I. MAES, …
Newton v. Albuquerque Police Officers, NM, Settlement, Illegal Search and Seizure, 2010 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS IN SOLE CONSIDERATION of the total sum of Twenty Two Thousand Five Hundred Dollars and no/100 ($22,500.00), the receipt of which is hereby acknowledged, Kenneth Newton (hereinafter "Releasor"), individually, and for his …
Lundstrom v. Albuquerque Police Officers, NM, Amended Complaint, Illegal Search and Seizure, 2008 Case 1:07-cv-00759-JCH-WDS Document 58 Filed 03/04/2008 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER Plaintiffs, vs. CASE NO: 07-00759 JH/WDS ALBUQUERQUE POLICE OFFICERS DEBRA …
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