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New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement by Douglas Ankney by Douglas Ankey T he New York Court of Appeals held that parole investigators …
Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks by David Kim by David Kim In an en banc decision, the Supreme Court of Oregon held that Article I, section 9, of the Oregon Constitution protects an individual’s …
New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent by David Reutter by David M. Reutter The New York Court of Appeals held that when police employ coercive tactics compelling a suspect to …
The “Free Trial” Police State by Jo Ellen Nott by Jo Ellen Nott In the world of modern policing, there is no such thing as a free lunch, only a more expensive and expansive surveillance state. A disturbing trend is sweeping through local governments: the acquisition of high-tech spying tools …
Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible by David Kim by David Kim The United States Court of Appeals for the Fifth Circuit held that a warrantless protective search of a vehicle under Michigan v. Long, …
SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test by Richard Resch by Richard Resch Resolving a Circuit split, the Supreme Court of the United States unanimously held that police officers may …
Article • February 1, 2026 • from CLN March, 2026
Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment by Douglas Ankney by Doug Ankney The Supreme Court of Maryland held that police officers lacked reasonable suspicion to conduct a traffic stop …
How AI Integration Used by Law Enforcement Fails the Public by Jo Ellen Nott by Jo Ellen Nott A recent incident in Utah highlights a growing and problematic trend in law enforcement: the adoption of artificial intelligence to automate essential administrative duties. In Heber City, the police department recently faced …
Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds by Sagi Schwartzberg by Sagi Schwartzberg Flock Safety is a police technology company most notable for its extensive network of automated license plate readers throughout the United States. Recently, Flock released a new tool, Raven, an acoustic gunshot detection network of microphones. …
Digital Parallel Construction: Detecting and Challenging Hidden AI by Richard Resch by Richard Resch In the companion to this Column, “When AI Invents the Pixels,” published in the January 2026 issue of CLN, we explored the dangers of prosecutors introducing AI-­enhanced video as substantive evidence at trial. We discussed how …
Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches by David Kim by David Kim In an issue of first impression, the Opinion Announcing the Judgment of the Court (“OAJC”) concluded that a person who conducts general, unprotected internet searches …
Article • January 1, 2026 • from CLN February, 2026
Federal Funds Now Available for Police Drone Purchases by Jo Ellen Nott by Jo Ellen Nott A bipartisan provision tucked into the recently signed National Defense Authorization Act of 2025 has opened new federal funding streams for law enforcement agencies seeking to expand their drone programs, a development hailed by …
Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit held that while the abandonment doctrine applies to cellphones, courts must analyze …
Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police by Sagi Schwartzberg by Sagi Schwartzberg Flock, a private police surveillance company, has built an enormous nationwide database and license plate tracking system which collects records of Americans’ travel and makes this vast database available to law enforcement across …
Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony by David Kim by David Kim The Supreme Court of Minnesota held that a buccal swab collected from a criminal defendant pursuant to …
The Legal Fight for Homeowner Compensation After SWAT Raids by Jo Ellen Nott by Jo Ellen Nott Homeowners are often left financially devastated and without clear legal recourse after police raids cause extensive property damage, forcing them to bear costs that many say should be the public’s responsibility. The case …
New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of New Jersey held that the automobile exception to the warrant requirement …
ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters by Jo Ellen Nott by Jo Ellen Nott Immigration and Customs Enforcement (“ICE”), backed by new legislation passed in July 2025 called the One Big Beautiful Bill Act, is engaging in a never-before-seen expansion of mass surveillance technology. This technology …
Protecting Your Digital Privacy by Anthony Accurso by Anthony W. Accurso In an era of expanding government surveillance, protecting your digital privacy is more critical than ever. This article offers practical steps to safeguard your data from government and corporate surveillance. As digital threats evolve in 2025, with increasing use …
How Tyranny Becomes Entrenched: 9/11 and the Police State’s Endless Power Grabs by John & Nisha Whitehead by John & Nisha Whitehead This column was originally published on September 9, 2025, on Rutherford.org. It has been reprinted with permission.   “The greatest tyrannies are always perpetuated in the name of …
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