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Article • May 15, 2021 • from CLN June, 2021
Filed under: Consent
It’s Time to Reconsider Consent Searches by Anthony Accurso by Anthony Accurso Police generally need a warrant toconduct a search or seizure in the U.S., though this rule has garnered a few exceptions since being enshrined in the Constitution’s Fourth Amendment. One such exception is when a person “consents” to …
Article • May 15, 2021 • from CLN June, 2021
Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection? by Douglas Ankney by Douglas Ankney Larry Krasner is Philadelphia’s well-known progressive and reform-minded District Attorney. He was elected in 2017, promising he would work toward ending mass incarceration and radically change the way …
Article • May 15, 2021 • from CLN June, 2021
Extreme Prosecutorial Misconduct Results in Wrist Slap by Edward Lyon by Ed Lyon There is evidence of legal systems, considered primitive by some, that have required a false accuser to face the same punishment the falsely accused would have had to suffer had the false accusations resulted in a conviction. …
Article • May 15, 2021 • from CLN June, 2021
Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety by Casey Bastian by Casey Bastian A Loyola University Chicago study, which was funded by the John D. and Catherine T. MacArthur Foundation, closely examined a 2017 Cook County, Illinois, bail reform initiative and its impact on public safety. All too often, …
Article • May 15, 2021 • from CLN June, 2021
When Police Body Cam Is a ‘Propaganda Tool’ by Edward Lyon by Ed Lyon There is a push throughout the world to equip police with body cams. It seems to be widely believed that this will reduce incidents of police brutality. However, “[w]hen the police are given the discretion to …
Article • May 15, 2021 • from CLN June, 2021
Internet-Connected Devices and the Fourth Amendment by Anthony Accurso by Anthony Accurso Angel Diaz, a staff expert with the Brennan Center for Justice, recently published a report on internet-connected devices titled “Law Enforcement Access to Smart Devices.” This report is part of an ongoing project by Diaz, counsel with the …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Tapes/Music
Are Police Playing Copyrighted Music to Prevent Live Streaming? by Anthony Accurso by Anthony Accurso Police in Beverly Hills have picked-up a new trick, seemingly intended to avoid accountability: playing copyrighted music when being filmed by citizens. Sennett Devermont is a well-known, LA-area activist with over 300,000 followers in Instagram. …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Sexual Assault, Mens Rea
Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota clarified the meaning of “mentally incapacitated” as used in Minn. Stat. § 609.341, subdivision 7 (2020). A jury convicted Francios Momolu Khalil of third-degree criminal sexual …
Article • May 15, 2021 • from CLN June, 2021
Leaving Digital Trails by Jayson Hawkins by Jayson Hawkins In the fast-paced digital world of ever-increasing convenience, few people can be bothered with reading the fine print. Yet the devil lurks in the details, and by clicking “I agree” to the terms of a phone app, an always-on device, or …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Suspicionless Searches
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer …
Article • April 15, 2021 • from CLN May, 2021
Filed under: No-Knock Warrants
No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths by David Reutter by David M. Reutter As protests spread across the U.S. after the death of George Floyd at the hands of Minneapolis police in May 2020, another police killing two months earlier in Kentucky gained notoriety – that …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Cost of Prison Systems
A Primer on Overcriminalization by David Reutter by David M. Reutter In the wake of the “tough on crime” era of politics that pervaded the 1990s and 2000s, politicians and bureaucrats have found it popular to use criminal laws to address every societal problem and to punish every mistake via …
Article • April 15, 2021 • from CLN May, 2021
Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Spisak Theory
Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Habeas Corpus
Federal Habeas Corpus: Filing Procedures by Dale Chappell by Dale Chappell You’ve got “one clean shot” atfederal habeas corpus relief, so understanding how to properly file that motion is crucial. There aren’t any “do-overs” in federal habeas corpus, and there are lots of procedural obstacles that can kill your attempt …
The Parole App Trap by Jayson Hawkins by Jayson Hawkins When the COVID-19 pandemic struck in 2020, people from all walks of life struggled to find ways to reduce or eliminate face-to-face interactions. But for parole officers and the individuals under their supervision, there was already an app for that. …
Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Fred McGee’s sentence because the U.S. District Court for the Western District of Wisconsin improperly imposed a two-level leadership enhancement under Sentencing Guidelines …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional by Anthony Accurso by Anthony Accurso U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble. On April 25, …
Article • April 15, 2021 • from CLN May, 2021
New Jersey Police Union Contracts Laden With Financial Largesse by Casey Bastian by Casey Bastian Repeated attempts by New Jersey lawmakers to rein in police union contracts have failed to eliminate costly provisions related to munificent compensations, financial incentives, and awards. ProPublica and Asbury Park Press, an affiliate of ProPublica’s …
Article • April 15, 2021 • from CLN May, 2021
Filed under: junk science, Firearms
D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire by Derek Gilna by Derek Gilna The Firearms Examination Unit (“FEU”) at the D.C. Department of Forensic Sciences (“DFS”) is under criminal investigation by the District of Columbia Office of the Attorney General (“OAG”), according to court documents that revealed …
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