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Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes
by Steve Horn
Civil liberties advocates have decried a provision tucked into the budget bill recently passed by Congress and signed into law by President Donald Trump, as an end-run around constitutional protections guaranteed under the Fourth Amendment to the U.S. Constitution.
That provision was originally the stand-alone CLOUD (Clarifying ...
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More from this issue:
- Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
- Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
- Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals, by Dale Chappell
- $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s, by Christopher Zoukis
- New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem, by Christopher Zoukis
- Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
- $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt, by Derek Gilna
- Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
- Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
- Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
- Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
- The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
- Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA, by Derek Gilna
- Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
- Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
- Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal, by Dale Chappell
- NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail, by Christopher Zoukis
- Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
- Texas District Attorney Stops Prosecuting Trace Drug Cases
- Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera, by Derek Gilna
- Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony, by Richard Resch
- Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search, by Christopher Zoukis
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial, by Christopher Zoukis
- 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
- California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial, by Richard Resch
- Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
- $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
- First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home, by Richard Resch
- Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts, by Matthew Clarke
- Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served, by Edward Lyon
- Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte, by Dale Chappell
- $300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies, by Matthew Clarke
- Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims, by Matthew Clarke
- Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause, by Dale Chappell
- Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability, by Jay Schweikert
- Asset Forfeitures Fund New York DA’s Office Bonuses
- U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events
- N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal, by Dale Chappell
- The Sex Offender Registry: It’s Not What You Think, by Sandy Rozek
- Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes, by Steve Horn
- Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy, by Christopher Zoukis
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, by Brandon Sample
- Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It, by Matthew Clarke
- From the Editor, by Richard Resch
- N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information, by Christopher Zoukis
- News in Brief
More from Steve Horn:
- Lack of Academic Research in U.S. on Secondary DNA Transfer Affects Criminal Defendants, Oct. 14, 2019
- Opioid Epidemic Impacts Prisons and Jails, Sept. 5, 2019
- Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation, July 17, 2019
- New Study Finds Mass Incarceration Impacts Over Half of U.S. Families, July 2, 2019
- HRDC Files Public Records Suits, Argues GEO Group is a De Facto Public Agency, June 3, 2019
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, May 15, 2019
- Inspector General: California Prison Guards Violate Use of Force Policies Half the Time, May 2, 2019
- Vermont Prisoner Sexually Abused at Private Prison in Michigan Receives $750, May 2, 2019
- California Prison Psychiatrists Blow Whistle on Poor Mental Healthcare, Falsified Records, April 2, 2019
- Ohio County Jail Settles PLN Censorship Suit for $45,000, April 2, 2019
More from these topics:
- Arizona Exploiting Prisoner Labor for Profit, June 22, 2023. Prison Labor, Constitution, U.S., Constitutional Challenges/Law.
- Law Proposed to End Sales of Private Data to Law Enforcement, Nov. 15, 2021. Federal Legislation, Police State-Surveillance, Warrantless Searches.
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, Nov. 15, 2021. Sex Offender Registration, Juveniles, Constitution, U.S..
- Biden’s Justice Department Nomination Faces Aggressive Opposition From Senate Republicans, May 1, 2021. Federal Legislation.
- Funding and Leadership Failures Result in Less Criminal Justice Data, April 1, 2020. Statistics/Trends, Federal Legislation.
- In Oklahoma, Lawsuit Options Limited When Prisoners Claim Constitutional Rights Violations, Jan. 8, 2020. Constitution, U.S..
- Partial Justice, Sept. 16, 2019. Judicial Misconduct, Judiciary, Wrongful Conviction, Constitution, U.S..
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, June 17, 2019. Appeals, Constitution, U.S..
- The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, May 15, 2019. Criminal justice system reform, State Legislation, Federal Legislation.
- Portion of Illinois Sex Offender Law is Unconstitutional, May 15, 2019. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offender Residence, Constitution, U.S..