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U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts by David Kim On April 30, 2025, the United States Sentencing Commission submitted amendments to the federal sentencing guidelines to Congress, set to take effect on November 1, 2025, absent congressional action. These amendments address two significant circuit court conflicts …
First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception …
Article • December 1, 2024 • from CLN December, 2024
Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized by Anthony Accurso by Anthony W. Accurso The Supreme Court for the State of Nevada reversed a trial court’s order denying a defendant’s suppression …
Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford by Sam Rutherford The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing …
Article • August 1, 2024 • from CLN August, 2024
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford by Sam Rutherford In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out …
Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …
Body Camera Footage Captures Fatal Arrest by Three Mississippi Officers by On May 24, 2023, authorities in Jackson, Mississippi announced that three former police officers were indicted by a grand jury in connection with the death of a Black man in their custody on Dec. 31, 2022. The man was …
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …
Article • November 15, 2022 • from CLN December, 2022
Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’ by Jacob Barrett by Jacob Barrett In a case of first impression in Washington, the Supreme Court of Washington clarified its seizure analysis by expressly holding that race and ethnicity are relevant …
Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia overruled the Court of Appeals’ line of …
Article • May 15, 2021 • from CLN June, 2021
Reverse Location Warrants Neglect Particularity Requirement by Casey Bastian by Casey J. Bastian Federal and state law enforcement agencies have been increasingly using mobile device data warrants as a modern investigative tool. Authorities present technology service providers, such as Google, with “reverse location” warrants seeking electronic data information of all …
Article • December 15, 2020 • from CLN January, 2021
Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia affirmed that the common-law right to resist an unlawful arrest continues to be the law in Georgia and announced …
U.S. Customs and Border Protection Discipline Analysis Report Fiscal Year 2018, U.S. Customs and Border Protection, 2018 U.S. Customs and Border Protection Discipline Analysis Report Fiscal Year 2018 FOR OFFICIAL USE ONLY 2 Executive Summary The release of the U.S. Customs and Border Protection (CBP) Discipline Analysis Report for Fiscal …
Voice of Redemption-A National Survey of People With Records VOICES OF REDEMPTION A NATIONAL SURVEY OF PEOPLE WITH RECORDS ALLIANCE FOR SAFETY AND JUSTICE . ABOUT ALLIANCE FOR SAFETY AND JUSTICE ............ ............ ............ ·:;;;:::::::::. ... ............ ...~\~:;~\~·-:. .........-....... -.............. .. ACKNOWLEDGEMENTS Alliance for Safety and Justice (ASJ) is Voices …