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This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ACLU’s State Supreme Court Initiative and the ÌÒ×ÓÊÓƵof Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.

This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant’s vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant’s conviction. The ACLU’s Criminal Reform Legal Project and State Supreme Court Initiative, along with the ÌÒ×ÓÊÓƵof Tennessee filed an amicus brief arguing first, that after Tennessee’s legalization of hemp in 2019, an officer’s alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant’s conviction.

As a result of Georgia Senate Bill 63, thousands of people are being kept in jail pre-trial because they can’t afford to post bail, even when a judge believes the person should have been released until trial with no risk to the public. The ACLU’s Criminal Law Reform Project, along with ACLU-GA and the Southern Center for Human Rights, filed a class action lawsuit challenging SB63’s mandatory monetary bail provisions under the Georgia State Constitution.

In 1994, the Supreme Court of HawaiÊ»i held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the ÌÒ×ÓÊÓƵof Hawai‘i filed an amicus brief arguing that the Supreme Court of HawaiÊ»i should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.

Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The ÌÒ×ÓÊÓƵCriminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice. In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee’s ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.