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How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias. by Jordan Smith Originally published on February 2, 2025. Republished with permission from The Intercept https://theintercept.com/2025/02/02/forensic-dna-phenotyping-parabon-nanolabs-police/, an award-winning nonprofit news organization dedicated to …
Colorado Supreme Court Announces Police Facilitating Drug-­Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment by Anthony Accurso The Supreme Court of Colorado held that the police conducted an unreasonable search under the Fourth Amendment of a …
Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence by David Kim The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not …
Article • July 1, 2025 • from CLN July, 2025
Not-­So-­Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life by Michael Thompson P olice have long sought tools to monitor and predict criminal activity with precision, and a new system called Spidernet brings that vision closer to reality. Developed by researchers at the University …
Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement by Richard Resch The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration …
Article • June 1, 2025 • from CLN June, 2025
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’ by Jeffrey Cohen Sitting en banc, the Supreme Court of Mississippi reversed both the trial court and Court of Appeals’ decisions that the State’s multiple …
SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims by David Kim The Supreme Court of the United States held that courts may not apply the “moment-of-threat” doctrine when evaluating the reasonableness of police officers’ use of deadly …
Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of the United States unanimously held that the Sixth Amendment’s Confrontation Clause …
Article • August 1, 2024 • from CLN August, 2024
California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford by Sam Rutherford “The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s …
FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …
Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy by Jo Ellen Nott by Jo Ellen Nott On December 19, 2023, the Harris County Texas Commissioners Court approved a $1.5 million settlement in Joshua Coucke’s case …
Brief • January 2, 2024
Ahmadi v. King County, WA, Complaint, Unlawful Detention, 2024 Case 2:24-cv-00002-RAJ 1 3 RATIB AHMADI, 5 6 7 8 11 12 Page 1 of 11 Case No.: 2:24-cv-2 Plaintiff, CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL vs. KING COUNTY, WASHINGTON, Defendant. 9 10 Filed 01/02/24 UNITED STATES DISTRICT COURT …
Article • November 1, 2023 • from CLN November, 2023
DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney by Douglas Ankney After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …
Publication • 2023
Carceral Deference-Courts and Their Pro-Prison Propensities, March 2023 DRAFT – NOT FOR CIRCULATION, DISTRIBUTION, OR CITATION. 3/7/23 5:21 AM CARCERAL DEFERENCE: COURTS AND THEIR PRO-PRISON PROPENSITIES Danielle C. Jefferis* 92 FORDHAM L. REV. ___ (2023) (forthcoming) ABSTRACT Judicial deference to non-judicial state actors, as a general matter, is ubiquitous. But …
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