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Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI
by Douglas Ankney
The Supreme Judicial Court of Massachusetts suppressed illegally obtained CSLI, ruling that the Commonwealth failed to meet its burden under the Fourth Amendment of proving police did not exploit the illegally obtained evidence to obtain the defendant’s consent to search.
After Josener Dorisca was indicted for ...
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More from this issue:
- News in Brief
- Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit, by Douglas Ankney
- $21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison, by Douglas Ankney
- Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018, by Douglas Ankney
- Report: Google Can Track You Even When Your Phone’s Off, by Anthony Accurso
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- $270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops, by Edward Lyon
- $1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades, by Edward Lyon
- Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan, by Douglas Ankney
- Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation, by Steve Horn
- Study Details the Effect of Brain Scan Evidence on Sentencing, by Anthony Accurso
- NYC Program Helps Former Prisoners Realize Their Dream
- ‘They need to be marked for life’, by Sandy Rozek
- The FBI Polices Itself Like Kids Guarding a Candy Store, by Edward Lyon
- Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant, by Douglas Ankney
- Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, by Michael Berk
- New York City’s Bail Success Story, by Bill Barton
- Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk, by Douglas Ankney
- Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory, by Douglas Ankney
- Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status, by Edward Lyon
- Private Citizens Carrying Guns Commit Fewer Crimes Than Cops, by Douglas Ankney
- Massachusetts Supreme Court: Discharge From Civil Commitment Required When Examiners Conclude Defendant Is Not Sexually Dangerous, by Douglas Ankney
- FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
- Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’, by Chad Marks
- West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive, by Douglas Ankney
- California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor, by Douglas Ankney
- Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences, by Douglas Ankney
- Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire, by Douglas Ankney
- Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review, by Anthony Accurso
- Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction, by Dale Chappell
- Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival, by Dale Chappell
- Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, by Michael Berk
- Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’, by Anthony Accurso
- Bucklew v. Precythe, by Michael Avery
- From the Editor: Compassionate Release for Extraordinary and Compelling Reasons, by Richard Resch
- Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible, by Kevin Bliss
- Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad, by Douglas Ankney
- Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition, by Chad Marks
- ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, by Michael Berk
- Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment, by Matthew Clarke
- SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague, by Richard Resch
- Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI, by Douglas Ankney
- Exonerations: From Wrongful Conviction to Release and Beyond, by Edward Lyon
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:
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, Feb. 18, 2020. Searches.
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, Feb. 18, 2020. Searches.
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, Jan. 21, 2020. Searches, Fourth Amendment, rights.
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, Jan. 21, 2020. Searches, Police, Fourth Amendment, rights.
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, Dec. 18, 2019. Misconduct/Corruption, Police Misconduct, Searches, Police Searches.
- New York City Cops Can Always Tell by Just the Smell, Nov. 18, 2019. Police Searches, Police.
- California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, Nov. 18, 2019. Searches.
- Alaska State Supreme Court Rules Due Process Afforded to Prisoners Seeking Laundry Job Reinstatement, Oct. 28, 2019. Searches, Money/Property, Fair Labor Standards Act, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution, Oct. 19, 2019. Searches, Telephone Access, Police, Traffic stop.