by Anthony W. Accurso
The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for the sole purpose of searching for evidence of a crime.
Tulsa police received a call with a tip stating that ...
by Anthony W. Accurso
The District Attorney’s Office for Brooklyn, New York, released a list of New York City Police Department officers who cannot testify in court because of prior misconduct.
Known as a Brady (or more precisely for New York, Giglio) list, this is a list of officers ...
by Anthony W. Accurso
The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative defense of duress do not waive their Fifth Amendment right to silence.
On March 2, 2017, police approached a Ford Fusion in the parking lot of ...
by Anthony W. Accurso
In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, ch. 15, § 1, are to be assessed on a case-by-case basis using the same standard previously articulated for probation conditions in ...
by Anthony W. Accurso
The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that the Iowa Constitution prohibits law enforcement from taking a homeowner’s opaque garbage bags left curbside for collection and searching through the trash contained within without a warrant.
Officer Brandon ...
by Anthony W. Accurso
The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant while he was visiting the sheriff’s office was properly suppressed where the search warrant allowing for seizure of the phone identified only the defendant’s home as the location to be ...
by Anthony W. Accurso
The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing Guidelines (“USSG”) refers to substances that are controlled at the time of the defendant’s sentencing, not at the time of their prior conviction. ...
by Anthony W. Accurso
A June 29, 2021, report from the Government Accountability Office (“GAO”) details the use of facial recognition technology (“FRT”) among federal agencies and documents alarming lack of accountability, transparency, or any meaningful policies governing its use.
The GAO report reviewed 42 of the 86 federal ...
by Anthony W. Accurso
Americans are being subjected to a rapid proliferation of surveillance in every area of their lives, jeopardizing their privacy interests and rights under the Fourth Amendment of the U.S. Constitution. Law enforcement agencies at all levels are increasing the amount and types of spying as new ...
by Anthony W. Accurso
Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors.
Cryptographers at Johns Hopkins analyzed the current state of encryption, the technology used ...
