by Anthony W. Accurso
The United States Postal Service (“USPS”) has been running a semi-secret program monitoring social media site traffic, raising concerns about the purpose or authority for such a program surveilling American citizens.
First reported in April 2021 by Jenna Winter on Yahoo! News, the USPS had published ...
by Anthony W. Accurso
The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s failure to append the alleged child porn video or a still image thereof or even describe the material with anything other than conclusory language ...
by Anthony W. Accurso
THe Supreme Court of Georgia held that claims of merger error during sentencing may be raised for the first time in a properly filed habeas petition and are not procedurally barred by failure to raise such claims in the trial court or on direct appeal.
On ...
by Anthony W. Accurso
Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic evidence in criminal proceedings. This assertion of intellectual property rights is done in ...
by Anthony Accurso
The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic offense.
Campbell County Sheriff’s Deputy Ryan Kellison attempted to pull over an SUV that he noticed had no ...
by Anthony Accurso
The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement without performing the proper analysis.
Wayne Thomas Burnley was arrested one night in April 2015 ...
by Anthony W. Accurso
JusticeText is new software designed specifically for defense attorneys and public defenders who are being overwhelmed by the amount of audio and video evidence they have to review when defending clients.
Devshi Mehrotra was nearing the end of her studies in computer science at the University ...
by Anthony W. Accurso
The Supreme Court of Wisconsin held that an officer who retained a motorist’s driver’s license without any reasonable suspicion of criminal activity—for the purpose of delaying until a drug dog arrived—effectuated an unlawful seizure.
Just after midnight on the evening of November 12, 2017, Sheboygan Police ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being involved in crime” lacked sufficient particularity to be valid under the Fourth Amendment.
After a driver fired shots at a pedestrian during a verbal ...
by Anthony W. Accurso
Community control over police departments has become a hot topic since the militaristic response of police departments to protests over the killing of George Floyd and other citizens. Part of that militaristic response has involved new surveillance technologies like drones, facial recognition software, and cell-site simulators. ...