NACDL

NACDL

@nacdl.org

The nation’s criminal defense bar association & liberty's last champion since 1958. The National Association of Criminal Defense Lawyers (NACDL) envisions a society where all accused of crimes receive fair, rational, and humane treatment. linktr.ee/NACDL

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BIG Fourth Amendment win. "Tower dumps are per se unconstitutional general warrants," U.S. District Judge Carlton Reeves held last night in Mississippi. The court relied on Chatrie and Smith, landmark NACDL Fourth Amendment Center victories. Read the ruling: www.nacdl.org/getattachmen...

NACDL reposted

BREAKING: SCOTUS rejects Trump admin's request to allow it to end gender-affirming medical care in prisons — a significant, if tentative, rejection of one of the admin's most extreme anti-trans arguments. Only Thomas and Alito noted they would have granted the stay. More to come: www.lawdork.com

NACDL reposted

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

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9/ Owen: "NACDL opposes the death penalty in all circumstances… We call on the administration to abandon this execution, and we renew our call to end capital punishment. No person, however reviled, is the government's to kill as a spectacle."

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

View full thread

7/ Wayne: "When South Carolina executed Mikal Mahdi by firing squad in April 2025, his lawyers, citing a forensic pathologist's review of the autopsy, said the shooters largely missed his heart, leaving him conscious and in pain for close to a minute. Now imagine that broadcast to the world."

8/ Wayne: "Guatemala broadcast executions on live television in the 1990s… Guatemala has carried out no execution since 2000. Today, even the regimes that still kill in public, including Iran, the Taliban, and North Korea, do not stream it live. This proposal would stand alone."

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

View full thread

5/ NACDL Executive Director Lisa M. Wayne: "Mr. Hasan represented himself, called no witnesses, presented no mitigation, and made no argument for his own life… Here, no one did… in a capital case the cost of getting it wrong is irreversible."

6/ Wayne: "Courts have upheld the state's power to keep cameras out and have found no right to televise an execution. No U.S. court has ever confronted the reverse: a government that chooses to broadcast one itself in real time."

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

View full thread

3/ Owen: "This nation knows what public killing looks like: crowds at the gallows, photographs of the dead sold as souvenir postcards, and at its worst, the racial terror of thousands of Black Americans lynched as spectacle."

4/ Owen: "Nidal Hasan is a Muslim American of Palestinian descent. Livestreaming his death makes it look less like justice than vengeance… The state should give no one cause to see it that way."

1/ The Pentagon plans to carry out the firing-squad execution of Nidal Hasan in public and stream it live. NACDL condemns it as an affront to human dignity on legal ground no U.S. court has ever tested, and renews its call to end the death penalty. 🧵

2/ NACDL President C. Melissa "Missy" Owen: "The government is planning to kill a man on camera for the country to watch in real time… We moved executions behind prison walls to leave that history behind."

1/6 A federal judge in Oklahoma threw out Flock license-plate-reader evidence, ruling a warrantless search of a month of a driver's movements unconstitutional — citing June's Supreme Court Chatrie decision. First of its kind:

therecord.mediaOklahoma judge’s Flock ruling shows the power of Supreme Court’s digital evidence decisionHow a recent Supreme Court decision on geofencing influenced a federal judge to toss a sheriff's Flock camera evidence in a drug trafficking case.
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5/6 Thaxter: the ruling "correctly recognized that Chatrie holds that our location history is constitutionally protected and a warrant is required to track our physical movements." The parallels between cellphone and plate-reader records, he said, "practically leap off the page."

6/6 What's next: legal experts expect many more challenges like this across the country as Chatrie reshapes how courts treat digital location tracking. NACDL's Fourth Amendment Center — which helped litigate Chatrie — is at the center of that fight.

1/6 A federal judge in Oklahoma threw out Flock license-plate-reader evidence, ruling a warrantless search of a month of a driver's movements unconstitutional — citing June's Supreme Court Chatrie decision. First of its kind:

therecord.mediaOklahoma judge’s Flock ruling shows the power of Supreme Court’s digital evidence decisionHow a recent Supreme Court decision on geofencing influenced a federal judge to toss a sheriff's Flock camera evidence in a drug trafficking case.
View full thread

3/6 Why it's a big deal: for years, courts let police run plate-reader searches without a warrant, reasoning public roads carry no privacy. Hill broke from that — one of the first federal rulings that searching historic ALPR data can violate the Fourth Amendment, built directly on Chatrie.

4/6 Sidney Thaxter, senior litigator at NACDL's Fourth Amendment Center, on why it matters: "ALPR networks run against us all even if we have not committed a crime and allow police to retroactively track our whereabouts with the press of a few buttons."

1/6 A federal judge in Oklahoma threw out Flock license-plate-reader evidence, ruling a warrantless search of a month of a driver's movements unconstitutional — citing June's Supreme Court Chatrie decision. First of its kind:

therecord.mediaOklahoma judge’s Flock ruling shows the power of Supreme Court’s digital evidence decisionHow a recent Supreme Court decision on geofencing influenced a federal judge to toss a sheriff's Flock camera evidence in a drug trafficking case.

2/6 The stop: a Tulsa County deputy pulled over Melisa Kyle mainly for a California plate, then used Flock's national network to pull 50 sightings of her car across a month. Judge Sara Hill called it "indiscriminate mass surveillance," a warrantless search — and suppressed the evidence.

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5/6 Experts call it uncharted territory. One death-penalty lawyer argues a second attempt, after she already suffered the drugs, could be torture barred by the Eighth Amendment. The clearest off-ramp, another says, is for the governor to commute her sentence.

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3/6 NACDL President-Elect Stephen Johnson, a Tennessee defense attorney, tells AP that whether the state can lawfully try again is "a complex question that will take significant time, attention and analysis" — and, he adds, litigation across multiple state and federal courts.

4/6 A likely first hurdle is competency. Pike regained consciousness about six days after the attempt — her team had believed she was brain dead — and awoke aware of what had happened, distressed and disoriented. Johnson expects years of litigation over whether she's even competent to be executed.

2/6 Pike, 50, was given two doses of pentobarbital and left with burns and blisters on her arms; her prognosis remains uncertain. Gov. Bill Lee has paused executions and ordered an outside review, and a judge ordered the state to preserve all evidence from the failed Sept. 30 attempt.

This is the lesson of the ALPR debate. 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.

VIDIZMO advertises tools that name people on live camera feeds, match faces to watchlists, and flag "behavior." Its CEO says the Flock integration is not built yet. He also says the company "would love to do the integration."

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

NACDL reposted

Talking recently to family members of people snatched up and expelled to third countries by ICE, I learned: 1) All of those captured were in 287(g) jurisdictions; 2) None of the family members had known what 287(g) was and had erroneously thought people with no arrests were safe.

Jonathan Cohn @jonathancohn.bsky.social

“The administration is able to essentially hide a multiplied ICE force not only in unmarked cars, and not only behind masks, but also within local law enforcement through the 287(g) program. I call it the invisibilizing of immigration enforcement.” www.theguardian.com/us-news/ng-i...

NACDL reposted

Locking people up for using drugs will never make sense to me. The people I've known who've used drugs, in spite of the threat of severe consequences, did so bc they are not/were not okay. Locking people in dungeons traumatizes them further and makes these patterns even harder to break.

NACDL reposted

Jeez, this is grim. "At a moment when legitimate news organizations are struggling to survive, it has raked in untold hundreds of millions of eyeballs... polluting the media ecosystem with noxious AI clickbait designed to do little else but trick Google’s algorithms."

Maggie Harrison Dupré@mharrisondupre.bsky.social

NEW: Brown Brothers Media is the most successful media company you've never heard of. For years, its success was fueled by AI, fake writers, and fake reporting. When we started asking questions, BBM started mass-deleting content. Somehow, what came next was even worse. futurism.com/artificial-i...

NACDL reposted

I wrote about the insane developments in Chris Duncan's case. He was exonerated by the LA Sup. Ct. in June. But the local DA vowed to re-try him. Yesterday, cops showed up at the home of alleged victim's mother, demanded her DNA, threatened to arrest her, and said they would exhume her daughter.

radleybalko.substack.comBreaking: DA demands DNA from Chris Duncan and Haley Oliveaux’s motherLouisiana continues to persecute a wrongly convicted man

NACDL reposted

That's why NACDL has launched the Criminalization of Voting Rights Rapid Response Team — to defend individuals and organizations facing criminal investigation or prosecution over voting-related actions. The Team is mobilizing now.

Trump has cast mail voting as a route to fraud by noncitizens — something studies and audits show is extremely rare, and for which the government gave the courts no evidence. Trump himself voted by mail in Florida this year.

Here's what we're watching at NACDL: as mail voting proceeds and November nears, we anticipate a spike in voting-related criminal investigations and prosecutions — aimed at voters and at the organizations that help them.

A majority found the administration unlikely to win on the merits. Justice Kavanaugh concurred, saying there wasn't time to roll out the rule for 2026 without chaos. Justices Alito and Thomas dissented. Even GOP election officials — including from vote-by-mail Utah — had warned of confusion.