Amicus Brief of Fourth Amendment Scholars Arguing for Narrower Application of the Good Faith Exception to the Exclusionary Rule
In this amicus brief, Fourth Amendment scholars draw on empirical research about the application of the good faith exception to the exclusionary rule to explain how overreliance on it has created perverse incentives for law enforcement and stunted the development of Fourth Amendment law – particularly in the context of digital data searches. Pages 4-5 […]
Motion to Dismiss for Failure to Preserve Relevant DNA Evidence
Explains the issue of secondary DNA transfer – footnotes on p. 7 specifically cite studies demonstrating a person’s DNA can be transferred to an object they never touched via an intermediate person or object.
Motion to Exclude Prior Convictions as Impermissibly Prejudicial
Details the dilemma that admitting a prior felony conviction results in: if the defendant testifies and his conviction is introduced, research shows there is a heightened risk that the jury will use the prior conviction to “draw an impermissible inference.” However, if the defendant chooses not to testify in order to prevent his conviction from […]
Brief – Limited Impact of Jury Instructions
p. 51-56 cite research on general inefficacy of jury instructions
Amicus Brief – Court should consider race in a “reasonable person” analysis
Incorporating statistical evidence of racial disparities in police stops and police violence, this brief argues that “what constitutes “suspicious” or “abnormal” behavior for Fourth Amendment purposes must take into account the realities of racism and police violence experienced by communities of color” and that any totality of the circumstances analysis must consider “the fraught, frightening, […]
Transcript – Daubert Hearing – Defense Expert in Eyewitness Identification Issues
Witness testifies about confirmation bias, clothing bias, witness degree of certainty, police witness accuracy, and face-to-photo ID accuracy
Motion to Exclude Evidence Concerning Fire Origin and Hydrocarbon Detection
p. 11-15 overview reliability issues with fire investigations, particularly the lack of measurable standards and verifiable data.