by Anthony W. Accurso
Supreme Court of Kentucky upheld the decision of a trial court that found a single officer asking questions of the defendant in a public area amounted to an unlawful seizure because the defendant had a history of being arrested by that particular officer so he reasonably ...
by Anthony W. Accurso
Arecently-obtained document sheds light on how an FBI special team obtains data from cellular providers to provide support for FBI, tribal, and local law enforcement investigations, including what data they can obtain and how long each provider stores that data.
Ryan N. Shapiro of the nonprofit ...
by Anthony W. Accurso
The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and thereby triggered the requirement for Miranda warnings where, among other factors, two police officers sought out the defendant, asked her to exit the store in which ...
by Anthony W. Accurso
One police tactic that is quickly gaining traction involves surveilling social media posts on sites like Facebook and Twitter, but Facebook (now Meta) is reminding police that fake (or “dummy”) accounts are not allowed.
Police have always been allowed to view public posts by Facebook users, ...
by Anthony W. Accurso
The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s denial of defendant’s 28 U.S.C. § 2255 motion, ruling defendant’s appellate counsel was constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984), for failing ...
by Anthony W. Accurso
The Supreme Judicial Court of the Commonwealth of Massachusetts upheld the suppression of a defendant’s statements to police after invoking his right to an attorney, because the Commonwealth failed to prove beyond a reasonable doubt that he had knowingly, voluntarily, and intelligently waived his right to ...
by Anthony W. Accurso
The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the automobile nor the search incident to arrest exception applied, and the inevitable discovery doctrine didn’t apply.
On August 28, 2019, Nicholas Lelm was a passenger in ...
by Anthony W. Accurso
The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision to deny a defendant participation in mental health diversion, ruling that a diagnosis of Antisocial-Personality Disorder (“ASPD”)—an excluded condition under the statute—does not disqualify him because he was also diagnosed with at ...
by Anthony W. Accurso
Samuel Landes, a federal public defender representing Muhammed Momtaz Alazhari, filed a motion in federal court on August 30, 2021, alleging that the FBI used its small fleet of Cessna airplanes outfitted with spy equipment to continuously surveil Alazhari for 429 hours between April 18 and ...
by Anthony W. Accurso
Since a New York Times articlein 2019 broke the news that Google’s Sensorvault database stores location information from hundreds of millions of devices worldwide, we have also learned that law enforcement have been increasingly reliant on this data to help solve crimes. Just how reliant they ...
