More from this issue:

1. How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
2. “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
3. Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
4. You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
5. Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
6. Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
7. The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
8. New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
9. Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
10. Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
11. Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
12. Rethinking the ‘Sex Offender’ Label, by Derek Logue
13. North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment, by Anthony Accurso
14. California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
15. California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
16. Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
17. California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test, by Anthony Accurso
18. Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, by David Reutter
19. U.S. Sentencing Commission Creates New Sentencing Tool for Judges, by Dale Chappell
20. California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
21. Who Defends the Public Defenders?, by Jayson Hawkins
22. Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing, by Matthew Clarke
23. The Long-Term Effects of 9/11: Naturally, More Surveillance, by Jayson Hawkins
24. Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, by Douglas Ankney
25. Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, by Douglas Ankney
26. Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines, by Douglas Ankney
27. Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC, by Douglas Ankney
28. Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful, by Anthony Accurso
29. Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed, by Anthony Accurso
30. First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction, by Anthony Accurso
31. Unchecked Federal Use of Facial Recognition Tech, by Anthony Accurso
32. Is Orange County’s DNA Collection Scheme Really Voluntary?, by Jayson Hawkins
33. Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years, by Dale Chappell
34. Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial, by Douglas Ankney
35. Cop Gets Money for Nothing, Awards for Free, by Edward Lyon
36. Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota, by Douglas Ankney
37. Microbiome: The Latest in Cutting Edge Forensics, by Michael Fortino, Ph.D
38. Secret CBP Teams New DHS Weapon of Mass Surveillance, by Jayson Hawkins
39. Biden’s DOJ Targets Police Misconduct, by Dale Chappell
40. Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House, by Matthew Clarke
41. Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance, by Anthony Accurso
42. Marijuana Arrests Keep Dropping
43. News in Brief

More from Douglas Ankney:

• Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
• Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
• Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
• Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
• California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
• Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
• Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
• Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
• NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
• Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025

More from these topics:

• Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025. Miranda, Custodial Interrogations.
• 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, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
• Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
• Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements, June 15, 2024. Miranda, Custodial Interrogations, Interrogation, In Custody.
• First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
• The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
• Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, Jan. 15, 2024. Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant.
• SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, Sept. 15, 2022. Fifth Amendment, Miranda.
• New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, Sept. 15, 2022. New Trial/Judgment of Acquittal, Custodial Interrogations.
• New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, Aug. 15, 2022. Police Misconduct, Custodial Interrogations/Statements, Miranda.