The United States Court of Appeals for the First Circuit has ordered a lower court to clarify several conditions imposed upon a sex offender as part of his supervised release following a term of imprisonment. Fernando DaSilva pleaded guilty to violating the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. § 2250, by failing
A three-judge panel of the 11th Circuit, the Atlanta-based federal appeals court, in U.S. v. Eric Jermaine Spivey et al. upheld a police search defendants had challenged as “shocking,” even if police used deception to obtain the residents’ consent to search their home. Eric Spivey and Chenequa Austin lived in Lauderhill, Florida, and ran a
America lays claim to the highest recidivism rate in the world at a staggering 76 percent. It is often said that the U.S. has the highest incarceration rate in the world. Is that true? Yes. Statistics from sources like the World Prison Brief, an online database providing a look into prison systems around the world, show
Five media companies, including The Associated Press, were denied statutory damages and attorney’s fees in an unsuccessful public records request filed in Cincinnati, Ohio. The suit, filed over a body-camera video from a police shooting, was denied by the trial court. The Ohio Supreme Court affirmed the denial. The plaintiff media companies requested the video
The United States Court of Appeals for the Second Circuit has denied a Freedom of Information Act (FOIA) request in which the American Civil Liberties Union requested documents from several government agencies relating to the use of lethal drone strikes. The requests were initially made by the American Civil Liberties Union and The New York
The United States Court of Appeals for the Seventh Circuit has refused to remand a case for further fact-finding about the government’s use of cell-site simulators during investigations. Damian Patrick was wanted for violating parole. In an effort to locate him, Milwaukee police obtained a search warrant which authorized the use of cellphone data. The
By Christopher Zoukis The California Court of Appeal for the First Appellate District has reversed a lower court’s order terminating the parental rights of two imprisoned parents due to a failure to comply with the Indian Child Welfare Act of 1978. The children, O.C., age two, and M.C., age four, were detained after their parents’
The United States Court of Appeals for the Eleventh Circuit has issued a stinging opinion in which it firmly rebukes the retaliatory actions of the Douglas County, Georgia Sheriff’s Office. Derrick Bailey, an African-American police officer with 17 years of law-enforcement experience, was hired by the City of Douglasville Police Department in March 2010. By
By Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer’s home without a warrant. Christian Adair was on probation for two felony convictions for solicitation to possess crack cocaine for sale. His probation conditions required that he “submit to search
President Trump has reversed restrictions his predecessor imposed about two years ago on what surplus military equipment the Department of Defense (DOD) can provide to federal, state, and local law enforcement agencies under its 1033 Program. The change was first announced by Attorney General Jeff Sessions at a national conference of the Fraternal Order of
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