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Articles by Anthony Accurso

Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons

The U.S. Court of Appeals for the Ninth Circuit held that police exceeded their authority to search for weapons under Terry when they directly searched the inside pocket of an otherwise compliant detainee.

Officers Robert Wining and Robert Nasland responded to a call on Nov. 15, ...

Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness

by Anthony W. Accurso

The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted the search.

In June 2018, Wilmington Police pulled over a vehicle belonging to Stephen ...

South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending

In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be removed from the registry because lifetime registration for low-risk offenders does not “bear[] a reasonable relationship” to the Legislature’s legitimate interest ...

Details Surface About Firm That Hacked iPhone for the FBI in 2016

It was in 2016 that a shooting in San Bernardino, California, sparked legal action in which the FBI attempted to use the courts to force Apple to enable a vulnerability that would allow the agency to access all iPhones, including the shooter’s. The FBI eventually dropped ...

Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop

A jury in Saint Louis acquitted five police officers on several counts relating to their violent assault on a man during protests in September 2017, a man who later turned out to be an undercover cop sent out to gather details on property destruction.

On the ...

Police Use of Facial Recognition May Be Broader Than Expected

Recent reports reveal that police use of facial recognition software may be far more pervasive than we’ve been led to believe.

Clearview AI markets its facial recognition software to law enforcement agencies around the country, boasting the ability to take a photo from a crime scene ...

Police Target People of Color for Cannabis Crimes Despite Legalization

Five more states joined the growing list of jurisdictions where cannabis has been legalized or decriminalized. But the new laws are a hodgepodge of regulation. Some states explicitly changed the laws to prevent police harassment by eliminating the odor of cannabis as sufficient probable cause to ...

Bodycams Do Not Hold Cops Accountable, Communities Do

The widespread popularization of bodycams for police was supposed to bring accountability to the “bad apples” amongst police that drive deadly interactions with citizens. However, years into widespread bodycam use, it is apparent that bodycams, by themselves, do not automatically create accountability.

After the killings of ...

New York and the Surveillance State

by Anthony W. Accurso

 

A recent collaboration of volunteers organized by Amnesty International has tallied the number of surveillance cameras in three of New York's boroughs at just over 15,000. These cameras contribute to the quickening pace of erosion of privacy in American. They pose a constitutional threat to ...

Illinois Supreme Court: State Failed to Prove Constructive Possession of Firearm

In June 2015, a police officer pulled over a van being driven by Charles Wise. He admitted to speeding, ...

 

 

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