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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 …
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 …
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 …
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 …
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 …
Article • September 15, 2022 • from CLN October, 2022
Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso by Anthony W. Accurso Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this …
Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19 by Jean Trounstine by Jean Trounstine, Boston Institute for Nonprofit Journalism, September 15, 2020 Jonathan Best had been out of prison for two years when he ended a rocky relationship with his girlfriend. Like many men and women …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit remanded a case to the U.S. District Court for the District of Maryland because the lower court failed to …
Article • June 15, 2020 • from CLN July, 2020
Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso by Anthony Accurso The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day …
Article • March 18, 2020 • from CLN April, 2020
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Article • March 18, 2020 • from CLN April, 2020
Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania held on January 22, 2020, that the retention of a person’s identification card by law enforcement constituted a “seizure” under the U.S. Constitution, triggering …
Article • March 18, 2020 • from CLN April, 2020
Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier by Douglas Ankney by Douglas Ankney The Supreme Court of Maine declared 29-A M.R.S. §§ 2522(2) and 2522(3) facially unconstitutional, overruling State v. Cormier, 928 A.2d 753 (Me. 2007). Randall J. Weddle was pinned inside the cab of his tractor-trailer …
Article • March 17, 2020 • from CLN April, 2020
Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional by David M. Reutter by David M. Reutter The Supreme Court of Iowa reversed a motion court’s denial of a motion to suppress. The Court held a police officer failed to develop a reasonable suspicion of other …
Article • February 19, 2020 • from CLN March, 2020
Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that the State must raise in the trial court a claim that a defendant lacks standing to contest the admission of seized …
Human Rights Defense Center v. County of Tehama, et al., CA, complaint, 2020 Case 2:20-at-00165 Document 1 Filed 02/14/20 Page 1 of 18 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN …
Article • January 21, 2020 • from CLN February, 2020
First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated the conviction of Bryan Moran because his sister, Alysha, had neither actual nor apparent authority …
Article • January 21, 2020 • from CLN February, 2020
Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was …
Article • September 17, 2019 • from CLN October, 2019
Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules by Michael Berk by Michael Berk An Arkansas state trooper violated a motorist’s First and Fourth Amendment rights when he arrested him for yelling “F--k you,” the U.S. Court of Appeals for the …
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