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Article • July 15, 2024 • from CLN July, 2024
Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration by Douglas Ankney by Douglas Ankney   The Supreme Court of Minnesota declined to extend the good-faith …
Article • September 16, 2019 • from CLN October, 2019
Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant by Mark Wilson by Mark Wilson Departing from 50 years of precedent, the Supreme Court of Oregon held that Oregonians retain a constitutionally protected privacy interest in garbage that they leave at the curb …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Police, Constitution, state
Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the state constitution requires police to clarify an ambiguous request for counsel before continuing to interrogate a …
Article • April 12, 2019 • from CLN May, 2019
Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to …
Article • January 19, 2019 • from CLN February, 2019
Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution by Virginia Griese by Virginia Griese The new year brings an end to an archaic Jim Crow-era law in Louisiana that allowed split juries in criminal cases. Felony convictions or acquittals in the state now require unanimous jury decisions, …
Article • December 5, 2018 • from CLN December, 2018
Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Arizona held that a law categorically banning bail for persons charged with sexual assault was facially unconstitutional, debunking the myth that sexual offenders are “inherently” a danger …
Article • December 5, 2018 • from CLN December, 2018
Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional by Richard Resch by Richard Resch On October 11, 2018, the Supreme Court of Washington issued an opinion in which the Court struck down the state’s death penalty, announcing: “we hold that Washington’s death penalty is unconstitutional, as administered, because it …
Article • August 28, 2018
The power of sheriffs rooted in U.S. history by Edward Lyon by Ed Lyon Three of the most recognizable and well-known facets of U.S. society originated in England: the language, the writ of habeas corpus and the office of sheriff. The first sheriff in the colonial United States was elected …
Article • May 22, 2018 • from CLN June, 2018
North Dakota Supreme Court Announces Interpretation of Restitution Statutes by Christopher Zoukis by Christopher Zoukis The North Dakota Supreme Court reversed a criminal restitution order because the trial judge misapplied statutory and constitutional law in determining the amount ordered. On February 27, 2017, Lukas Kostelecky was arrested for criminal mischief, …
Article • March 12, 2018
Confidential ICE Handbook Lays Out Paths for Investigations to Avoid Constitutional Challenges by by Eoin Higgins, February 23 2018, published by Criminal Legal News with permission from The Intercept. When U.S. Immigration and Customs Enforcement agents go after suspected violators of immigration and customs law, they do whatever they can to get …