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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 …
Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers by Anthony Accurso by Anthony W. Accurso Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves. The U.S. Supreme Court ruled in …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Traffic Stops, Terry Stops
Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop by Sam Rutherford by Sam Rutherford The Supreme Court of Wisconsin held that a police officer exceeded the proper bounds of the community caretaking function exception to the Fourth Amendment during the course …
SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a Fourth Amendment malicious-­prosecution lawsuit may proceed where one or …
Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights by Anthony Accurso by Anthony W. Accurso Until recently, police departments in New Jersey were covering expenses for their officers to attend training sessions conducted by Street Cop Training (“SCT”), an organization that encourages “a hypervigilant warrior …
Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit overruled the U.S. District Court for the Northern District of West …
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 …
Article • May 15, 2023 • from CLN June, 2023
California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch by Richard Resch The Court of Appeal of California, Second Appellate District, held that a …
Article • March 16, 2023
It’s Time for Jaywalking Laws to Take a Hike by Kevin Bliss by Kevin W. Bliss The crime of jaywalking becomes more and more uncommon as communities across the nation push to have the charge decriminalized or abolished. Jaywalking is a term started around 1910-1920 as a means of denigrating …
Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns by Jo Ellen Nott by Jo Ellen Nott In July 2022, the Virginia State Police paid $15,000 to purchase a subscription from Fog Data Service for its Fog Reveal tracking tool according to ABC …
Article • February 15, 2023 • from CLN March, 2023
Federal Habeas Corpus: How to Raise a Fourth Amendment Claim by Dale Chappell by Dale Chappell The slam dunk for federal habeas claims, if such a thing exists, would be a claim that successfully challenges the evidence in a criminal case. By tossing the unlawfully-obtained evidence, not only would the …
Article • January 15, 2023 • from CLN February, 2023
Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment by Douglas Ankney by Douglas Ankney In an issue of first impression with potentially nationwide implications, the Supreme …
Article • January 15, 2023 • from CLN February, 2023
Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the Western District of Louisiana erred in finding that a Fourth Amendment stop …
Article • December 15, 2022 • from CLN January, 2023
Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that district courts must provide …
Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Kentucky upheld a suppression order, holding that individuals …
Article • June 15, 2022 • from CLN July, 2022
U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes by Anthony Accurso by Anthony W. Accurso Recent FOIA disclosures revealed two contracts for law enforcement agencies under the U.S. Treasury—the IRS and Office of Foreign Assets Control (“OFAC”)—which will allow the agencies to obtain location data …
Article • May 1, 2022 • from CLN May, 2022
Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop by Anthony Accurso by Anthony W. Accurso Supreme Court of Kentucky upheld the decision of a trial court that found a single officer …
Article • February 15, 2022 • from CLN March, 2022
Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho rejected the “instinctive entry rule” as an exception to the warrant requirement where a …
Article • September 15, 2021 • from CLN October, 2021
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being …
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