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Article • December 1, 2024 • from CLN December, 2024
Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip by Sam Rutherford by Sam Rutherford The Supreme Court of Rhode Island held that a police officer lacked reasonable suspicion to conduct an investigative search where the initial detention was based on an unsubstantiated, …
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 …
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 …
Article • March 16, 2023
911 Call Analysis Debunked as Pseudoscience – But It Helped Send Many to Prison by Kevin Bliss by Kevin W. Bliss The 911 call analysis method used to convict hundreds of defendants for the past decade has been debunked as pseudoscience. Civil rights activists call to have prosecutors held responsible …
Article • May 1, 2022 • from CLN May, 2022
LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals by Douglas Ankney by Douglas Ankney According to data obtained by the Los Angeles Times, the Los Angeles Sheriff’s Department (“LASD”) is targeting Latino bicyclists with pretextual stops. Since the bicyclists are on their …
Article • March 15, 2022 • from CLN April, 2022
Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily) by Douglas Ankney by Douglas Ankney Over the past couple of decades, the Department of Justice (“DOJ”) and its components have been requesting and receiving data from electronic media service providers, utilizing warrants, subpoenas, and National Security …
Article • December 15, 2021 • from CLN January, 2022
Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment by Douglas Ankney by Douglas Ankney On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Suspicionless Searches
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer …
Article • March 15, 2021 • from CLN April, 2021
Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“COSA”) that held police officers from the Maryland Transit Administration (“MTA”) violated Kennard Carter’s …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit reversed a defendant’s conviction for possessing a firearm after determining officers lacked reasonable suspicion to stop and search him. Raymond L. …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that a law enforcement officer lacked reasonable suspicion of illegality when he initiated a traffic stop of a commercial vehicle based solely …