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The Algocracy Agenda: How AI and the Deep State 
Are Digitizing Tyranny
Article • July 1, 2025 • from CLN July, 2025
Filed under: Mechanical Searches/Scanners, Search and Seizure, Probable/Proximate Cause, Advanced Imaging Technology
The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny by John & Nisha Whitehead This column was originally published on May 29, 2025, on Rutherford.org. It has been reprinted with permission   “If one company or small group of people manages to develop godlike digital superintelligence, they …
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 Fo...
Article • July 1, 2025 • from CLN July, 2025
Filed under: Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures
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 …
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search
Article • February 1, 2025 • from CLN February, 2025
Filed under: Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
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
Article • December 1, 2024 • from CLN December, 2024
Filed under: Probable/Proximate Cause, Warrants - Requirements/Scope/Exceptions
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 …
Dogs Are Sniffing Out Electronics
Article • August 1, 2024 • from CLN August, 2024
Filed under: Cell Searches, Searches - Cellphones/Computers/Internet, Drug-Sniffing Dog, Electronic Surveillance
Dogs Are Sniffing Out Electronics by Michael Thompson by Michael Dean Thompson Cops have found themselves challenged by the decreasing size of electronic devices and the correlated increase in the ease of hiding them. To assist them, they have begun using dogs to sniff out a key chemical used to …
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
Article • August 1, 2024 • from CLN August, 2024
Filed under: Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops
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 …
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’
Article • August 1, 2024 • from CLN August, 2024
Filed under: Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims
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 …
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment
Article • April 15, 2024 • from CLN April, 2024
Filed under: Drug-Sniffing Dog, Traffic Stops
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly …
Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception
Article • February 15, 2024 • from CLN February, 2024
Filed under: Probable/Proximate Cause, Searches - Automobile
Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception by Anthony Accurso by Anthony W. Accurso  The Supreme Court of Minnesota ruled that the standard for probable cause to conduct a warrantless search of a vehicle requires more than …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconvicti...
Article • November 1, 2023 • from CLN November, 2023
Filed under: Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing
Article • September 1, 2023 • from CLN September, 2023
Filed under: Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel
Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …
A Brief History of K-9 Units in Law Enforcement
Article • April 15, 2023 • from CLN May, 2023
Filed under: Racial Discrimination, Dogs, Drug-Sniffing Dog
A Brief History of K-9 Units in Law Enforcement by Kevin Bliss by Kevin W. Bliss The history of canine use in modern day policing began in the 1950s and ‘60s as a response to the “Negro problem” and has been used as a tool to “civilize the savagery of …
Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs
Article • April 15, 2023 • from CLN May, 2023
Filed under: Traffic stop, Drug-Sniffing Dog, Warrantless Searches
Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs by Richard Resch by Richard Resch In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog …
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches
Article • March 15, 2023 • from CLN April, 2023
Filed under: housing, Probable/Proximate Cause, Conditions of
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where …
Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause
Article • December 15, 2022 • from CLN January, 2023
Filed under: Police Misconduct, Probable/Proximate Cause
Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that facts used in determining probable cause to conduct a warrantless search must include those …
Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors
Article • July 15, 2022 • from CLN August, 2022
Filed under: Drug-Sniffing Dog, Racial Bias
Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors by Matthew Clarke by Matt Clarke LAW ENFORCEMENT OFFICIALS OFTEN deploy trained dogs to detect drugs, but how accurate are the canine sniffs? Since the dog cannot testify, the courts have simply accepted …
Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior
Article • June 15, 2022 • from CLN July, 2022
Filed under: Drug-Sniffing Dog, Traffic Stops
Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior by Anthony Accurso by Anthony W. Accurso The Supreme Court of Kentucky held that a police officer impermissibly extended a traffic stop when he suspended the completion of writing a …
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle
Article • March 15, 2022 • from CLN April, 2022
Filed under: Vehicle Searches, Drug-Sniffing Dog, Motions To Suppress
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the …
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
Article • February 15, 2022 • from CLN March, 2022
Filed under: Drug-Sniffing Dog, Warrantless Searches, Fourth Amendment
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 …
California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferre...
Article • January 15, 2022 • from CLN February, 2022
Filed under: Probable/Proximate Cause, Motions To Suppress
California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer by Douglas Ankney by Douglas Ankney The Court of Appeal, Sixth Appellate District, held that a trial court …
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