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 Anthony Accurso:

• D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
• $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
• 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
• First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
• Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
• Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
• Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
• Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
• Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024

More from these topics:

• California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
• Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
• Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
• Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.
• Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus, Feb. 1, 2025. Hate Crimes, Sentence Enhancements/Departures, Evidence - Admissibility.
• Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, Jan. 15, 2025. Classification, Conditions of Confinement, Class Certification, Class Actions, Evidence - Admissibility.
• Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody, Dec. 1, 2024. Forensic Sciences, Evidence - Admissibility.
• Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation, Dec. 1, 2024. Brady Violations, Evidence - Admissibility.
• Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, Sept. 1, 2024. Parole/Probation Searches, Nexus between crime and property, Warrantless Searches.
• Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, Aug. 1, 2024. Police State-Surveillance, Warrantless Searches.