NACDL

"The Trump administration pushed the FBI to investigate Los Angeles protesters in violation of their constitutional rights and the bureau’s policies, a former FBI supervisor alleges in a new whistleblower complaint."

FBI whistleblower says White House pushed unconstitutional probe of protesters The former analyst says supervisors were told not to put things in writing, so many of the directives came in face-to-face meetings.

Are you a or advocate who helps to protect the rights of the accused? This member testimonial on why they joined NACDL shows that community matters. Now, more than ever, we must act! Join NACDL today with our special promotion, code 'save25' for $25-off membership, and find your defense lawyer home. https://buff.ly/L8SkkP5

A federal judge in Florida ruled that the law criminalizing non-citizen voting is unconstitutional in dismissing a case that accused a Jamaican national of illegally voting.

As the order explains, this case "rests upon a forty-year-old federal statute, 18 U.S.C. § 611, that prohibits the act of voting in a federal election by a non-U.S. citizen ... The best reading of the actual statute that underpins this criminal case yields an inescapable conclusion: 18 U.S.C. § 611 is a voter qualification statute, and the Constitution does not authorize Congress to legislate voter qualifications for federal elections."

Read the order: https://buff.ly/GweviiS

Get involved in the fight against voting criminalization: https://buff.ly/PfD92D7

https://buff.ly/CgXFOPG

Miami Judge’s ruling on noncitizen voting case rejects federal ban as unconstitutional ‘When you’re prosecuted based on a law that Congress did not have the authority to pass, the prosecution cannot stand.’

News Release: Botched Ex*****on of Christa Pike Exposes the Moral Failure of the Death Penalty

After Tennessee’s second botched lethal injection since May, NACDL renews its call to stop answering one killing with another

Read more: https://buff.ly/r5zB2R9

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A surveillance vendor is telling police it can add facial recognition to Flock camera data. Flock says it will not add facial recognition to its devices. Third-party companies are already offering to do it for them.

New reporting from 404 Media shows VIDIZMO advertising tools that name people on live camera feeds, match faces against watchlists, and flag "behavior." The company's CEO told reporters the Flock integration has not been built yet, but that VIDIZMO "would love to do the integration."

The company also pitches searching footage by race, gender, and age. Privacy experts have long warned that these classifications are unreliable. Police would be searching for people using labels a computer cannot reliably assign.

The lesson is clear. A vendor's promise is not a safeguard. Once a mass surveillance network exists, other companies build on top of it. Only law and judicial oversight set real limits.

NACDL's Fourth Amendment Center challenges warrantless, dragnet surveillance in court and supports defenders facing these technologies in their cases.

Read the 404 Media report:
https://buff.ly/G29B5n5

Learn more about the Fourth Amendment Center: https://buff.ly/N8TzmWT

Surveillance Company Tells Cops It Wants to Add Facial Recognition to Flock Cameras A surveillance company wants to "close the gap" that Flock won't do, by pitching facial recognition on its cameras.

From NACDL's September E-News: The Criminalization of Voting Rights Rapid Response Team, new death penalty resources, a webinar on BOP policy changes, and more!

Read more: https://buff.ly/Heg2qI7

Are you a or advocate who helps to protect the rights of the accused? This member testimonial on why they joined NACDL emphasizes its importance. Now, more than ever, we must act! Join NACDL today with our special promotion, code 'save25' for $25-off membership, and find your defense lawyer home. https://buff.ly/L8SkkP5

Another victory for privacy rights! The Fourth Circuit has ruled in Andrews v. Baltimore City Police Department that real-time cellphone tracking is a search under the Fourth Amendment and requires a warrant.

The case stems from the 2014 arrest of Kerron Andrews after police used a cell-site simulator to obtain his real-time location information.

Cell-site simulators prompt all nearby cellphones to automatically send an electronic signal to the simulator to reveal the location of each cellphone.

Finding that real-time cellphone tracking is a search under the Fourth Amendment, the opinion states, “This technology is akin to sense-enhancing technology that allows the government to peer into a private home, which the Supreme Court has repeatedly held requires a warrant.”

The Court cited the Supreme Court’s decision in Chatrie v. United States, recognizing “that individuals have a heightened expectation of privacy both in their cellphones’ contents and historical location data.”

NACDL’s Fourth Amendment Center litigated Chatrie, which found that “police invade that expectation, and thus conduct a search, when they acquire that information, even though for only a limited period of time and even though via a third party.”

Fourth Circuit calls real-time cellphone tracking a search The panel is the first to hold the use of a cell-site simulator constitutes a search under the Fourth Amendment.