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Articles by Anthony Accurso

Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights

The U.S. Court of Appeals for the Fourth Circuit remanded a case to the U.S. District Court for the District of Maryland because the lower court failed to provide sufficient development on the record to determine whether the use of a stingray device violated the defendant’s rights. ...

Strategies to Help Police Address Citizens With Special Needs

A New Jersey man reaches out to police ahead of a possible altercation to make sure authorities are aware of his son’s autism-related issues.

Gary Weitzen’s son Christopher has autism. Christopher has anxiety issues, and it is difficult for him to look people in the eye. ...

Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm

The Office of Homeland Security (“OHS”) has been purchasing “anonymized” cellphone location data for use in Customs and Border Protection (“CBP”) investigations, according to information obtained by the Wall Street Journal.

Under Carpenter v. United States, 138 S. Ct. 2206 (2018), law enforcement agents are ...

Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence

The Supreme Court of Indiana suppressed all evidence resulting from search warrants obtained on the basis that the sheriff’s department concluded a suspect “stole” the GPS device being used to track him when it failed to transmit its location for 10 days.

Derek Heuring was suspected of ...

Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data

The government declassified a court order from October 2018 that details the FBI’s misuse of its access to mass surveillance data collected in partnership with large tech and communications companies.

The order detailed what many Americans suspect: Federal agencies misuse mass surveillance in contravention of controls Congress ...

Justice Office Awards $145 Million in Forensic Science Grants

The Office of Justice Programs at the Department of Justice recently announced grants of more than $145 million being awarded through various programs it helps to fund. These grants will cover initiatives centered on forensic science.

Notable inclusions from this total are:

• $78 million to state ...

Carpenter Slowly Remaking Fourth Amendment Case Law

The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day investigative efforts of police.

In Carpenter v. United States, ...

California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final

The Supreme Court of California announced an extension of its prior rule of when to allow application of an amended sentencing statute, such that it may be applied to a defendant’s sentence still under appeal even though that sentence resulted when his probation was revoked.

In November ...

Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It

The U.S. Court of Appeals for the Fifth Circuit held that a district court clearly erred in assigning a defendant a three-level enhancement for attempting to export ammunition when he had purchased the ammunition but was yet to take further steps toward its export.

Rodolfo Rodriguez-Leos was ...

Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC

The Supreme Court of the State of Illinois reversed a defendant’s conviction because his attorney failed to stipulate his felon status at trial, and the jury was likely prejudiced by knowing his previous conviction was for murder.

Leslie Moore was pulled over in Joliet, Illinois, because he ...

 

 

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