by Anthony Accurso
A recent analysis, published in the Law & Social Inquiry Journal, demonstrates how the online availability of law enforcement and court databases amounts to “digital punishment,” including for many persons who were merely arrested for, but never convicted of, a crime.
Researchers Sarah Esther Lageson (Rutgers ...
by Anthony Accurso
The Supreme Court of New Hampshire held that a defendant had a reasonable expectation of privacy in his apartment’s utility closet and that officers’ warrantless search of the closet was in violation of Part I, Article 19 of the New Hampshire Constitution.
On January 17, 2018, Kingston ...
by Anthony Accurso
In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was neither inevitable nor consented to by the homeowner due to duress.
The White County Sheriff’s Office asked neighboring ...
by Anthony Accurso
The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied where police obtained a second legitimate search warrant after the first was invalidated; the evidence in question obtained as a result ...
by Anthony Accurso
U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble.
On April 25, 2017, George Wingate III noticed the check engine light activated while he was driving ...
by Anthony Accurso
In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child.
On December 3, 2015, Brad Hunter Smith and two accomplices lured Cherrish Allbright to a field, ...
by Anthony Accurso
The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is based on an unsworn affidavit.
In the early morning hours of July 9, 2016, Officer Tyler ...
by Anthony Accurso
The U.S. Court of Appeals for the Ninth Circuit held that the insertion of a car key into a lock of a vehicle’s door by police solely for the purpose of determining its ownership constitutes a search under the Fourth Amendment.
In January 2018, San Francisco Police ...
By Anthony Accurso
The incoming Biden administration has promised to work on the issues of inequity in policing and racial inequity. These issues are intertwined and will be mostly complicated to solve.
However, President Biden could start by issuing executive orders limiting or eliminating two current federal programs that are ...
by Anthony Accurso
In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used to determine the approximate location of the defendants’ cellphones is scientific testimony, and as such, it must be properly assessed for ...
