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New Orleans Police Continue Using Facial Recognition Despite City Restrictions by James Mills The New Orleans Police Department (“NOPD”) has used artificial intelligence-­powered facial recognition technology since at least 2018, often bypassing city ordinances designed to limit such surveillance, according to public records, internal emails, and a 2025 Washington Post …
Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation by Michael Thompson by Michael Dean Thompson The cell-site simulator (“CSS”) is a powerful and largely unregulated device once designed for military intelligence use that has found its way onto the streets of …
Stinging Back: Resisting Government Surveillance of Cellphones by Anthony Accurso by Anthony W. Accurso A cell-site simulators (“CSS”)—often referred to as a “Stingray” device, after a popular brand—is one of the newest and most controversial law enforcement tools since the introduction of the wiretap. Its use represents the intersection of …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
Article • October 1, 2023 • from CLN October, 2023
New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework by Richard Resch by Richard Resch The Court of Appeals of New York ruled that the defendant (1) moving from the driver’s seat to the passenger’s seat, …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Probable Cause, Suppression
Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Sixth Circuit required suppression of evidence based upon a warrant for evidence related to a structure …
Article • September 1, 2023 • from CLN September, 2023
The Serious Threat of Cell-Site Simulators by Michael Thompson by Michael Dean Thompson Within the past several decades, police have acquired a new tool so secretive that prosecutors were told to either plea out cases or repress evidence rather than permit the public to know about them. Much to the …
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 • November 15, 2021 • from CLN December, 2021
Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant by Anthony Accurso by Anthony W. Accurso The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s …
Article • March 15, 2021 • from CLN April, 2021
Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis by Anthony Accurso by Anthony Accurso In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used …
Article • July 15, 2020 • from CLN August, 2020
Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit reversed the decision of the U.S. District Court for the Northern District of Illinois that denied Anthony Howell’s motion to …
Legal Process Guidelines-Government and Law Enforcement Within the United States  Legal Process Guidelines Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. (“Apple”) about customers of Apple’s devices, …