More from this issue:

1. Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, by Anthony Accurso
2. Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, by Anthony Accurso
3. Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, by Douglas Ankney
4. Tales From the ‘Tails’ of Bloodstains, by Douglas Ankney
5. New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, by Anthony Accurso
6. New Night-Vision Capable Drone Marketed to Police, by Anthony Accurso
7. Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, by Douglas Ankney
8. Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, by Anthony Accurso
9. NYPD Has Spent Millions of Dollars on Social Media Analysis Tools, by Jo Ellen Nott
10. New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law, by David Reutter
11. The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, by David Reutter
12. FBI Works to Expand Court Authority for Its Offensive Cyber Operations, by Anthony Accurso
13. Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
14. Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, by Douglas Ankney
15. Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, by Jo Ellen Nott
16. Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, by Douglas Ankney
17. The Problem with Some Non-Carceral Punishments, by Carlo Difundo
18. Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought, by Jo Ellen Nott
19. Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments, by Jo Ellen Nott
20. After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next?, by Jordan Arizmendi
21. DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations, by Jo Ellen Nott
22. 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
23. Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, by Jo Ellen Nott
24. DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests, by Jo Ellen Nott
25. New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, by Douglas Ankney
26. The Potential Privacy Threat of Generative AI, by Michael Thompson
27. Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply, by Anthony Accurso
28. Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective, by Douglas Ankney
29. Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment, by Douglas Ankney
30. Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, by Matthew Clarke
31. Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment, by Anthony Accurso
32. Steady Improvement in Techniques for the Analysis of Degraded DNA, by Douglas Ankney
33. Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, by Matthew Clarke
34. Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, by Douglas Ankney
35. Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror, by David Reutter
36. Identification Via DNA, Fingerprints, and 3D Scanning of Footwear, by Douglas Ankney
37. Vendors Late to Recognize the Serious Threat of Cell-Site Simulators, by Michael Thompson
38. Car Culture Dramatically Increases Number of Cop Confrontations, by Matthew Clarke
39. News in Brief

More from Douglas Ankney:

• Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
• Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
• Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
• California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
• Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
• New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
• Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
• New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
• Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
• $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024

More from these topics:

• Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
• Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
• Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
• U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
• Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, Dec. 15, 2023. Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel.
• Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
• Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, June 15, 2023. U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness.
• Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, Feb. 15, 2023. Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness.
• ABA Says Oregon Needs 1,296 More Public Defenders, May 15, 2022. Public Defenders.
• First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, March 15, 2022. Brady Violations, Strickland Standard.