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Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement by David Kim by David Kim Police records obtained by WIRED reveal that the rise of internet-connected car features, spurred by automakers’ subscription models, is increasing drivers’ vulnerability to government surveillance. These documents expose how law enforcement agencies exploit the …
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, …
Article • August 15, 2024 • from CLN September, 2024
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
Article • March 15, 2023 • from CLN April, 2023
Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to …
Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that nine people in a vehicle with a rated capacity for seven people …
Article • May 15, 2022 • from CLN June, 2022
Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that the smell of marijuana, by itself, no longer creates probable cause to justify a warrantless search of a vehicle …
Article • March 15, 2022 • from CLN April, 2022
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 …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Vehicle Searches
Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Pennsylvania held that a driver who leaves the scene of an accident involving …
Article • January 15, 2022 • from CLN February, 2022
Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Idaho …
Article • April 15, 2021 • from CLN May, 2021
Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Ninth Circuit held that the insertion of a car key into a lock of a vehicle’s door by police …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania held that the Article I, Section 8 of the Commonwealth’s Constitution affords greater privacy protections to drivers than the Fourth Amendment to …
Article • June 22, 2019
Unanimous Vermont Supreme Court Finds State Liable for Discriminatory Search and Seizure by Matthew Clarke by Matt Clarke Earlier this year, the Supreme Court of Vermont issued a 51-page unanimous decision holding that, under Article 11 of the Vermont Constitution, law enforcement is liable for discriminatory searches and seizures. On …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Brief • April 26, 2018
Idaho v. Fuller, ID, opinion, traffic stop, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44172 STATE OF IDAHO, ) ) Plaintiff-Appellant, ) ) v. ) ) ANTONIA KATE FULLER, ) ) Defendant-Respondent. ) _______________________________________ ) Boise, January 2018 Term 2018 Opinion No. 41 Filed: April …
Article • March 16, 2018 • from CLN April, 2018
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle. On January 23, 2015, two …
Publication • May 1, 2017
Filed under: Vehicle Searches, Police
Police Vehicle Pursuits 2012-2013, USDOJ Bureau of Jus Statistics 2017 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics MAY 2017 Special Report NCJ 250545 Police Vehicle Pursuits, 2012-2013 Brian A. Reaves, Ph.D., BJS Statistician I n 2012, general purpose state and local law enforcement agencies conducted …
Blank UF-250 Form - Stop, Question and Frisk Report Worksheet, NYPD, 2016 Case 1:12-cv-02274-AT-HBP Document 105 Filed 02/14/13 Page 157 of 158 APPENDIX B Blank UF-250 Form 157
Record of Abuse - Lawlessness in Border Patrol's Operations, ACLU, 2015 Record of Abuse Lawlessness and Impunity in Border Patrol’s Interior Enforcement Operations October 2015 The findings in this report are based on government records produced in ACLU Foundation of Arizona v. U.S. Department of Homeland Security, No. 14 -02052 …