by Anthony W. Accurso
The Supreme Court of Wyoming held that a state trooper’s actions prior to observing a traffic violation rendered the traffic stop unreasonable under both the Wyoming and U.S. Constitutions.
On August 28th, 2018, Wyoming Highway Patrol Trooper Shane Carraher observed a black Nissan Rogue traveling eastbound ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where an absconded parolee was suspected to be residing. In doing so, the Court announced that law enforcement must have probable cause that a parolee ...
by Anthony W. Accurso
The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to a warrantless search of a vehicle where the items visible inside the vehicle by police standing outside the vehicle were not immediately and apparently incriminating.
In 2020, Detective ...
by Anthony W. Accurso
The Transportation Security Administration (“TSA”) is now using a facial recognition system to check the IDs of airline travelers at select airports to assess whether the system should be deployed nationwide.
The TSA checks are intended to enhance the safety of passengers and staff, but even ...
by Anthony Accurso
The Supreme Court of Indiana reversed the denial of a suppression motion after finding that the arresting officer failed to advise the defendant of his right to counsel prior to consenting to a search of his home, as is required by Pirtle v. State, 323 N.E.2d ...
by Anthony W Accurso
The Supreme Court of Colorado, sitting en banc, ruled that a state trooper lacked reasonable suspicion to initiate a traffic stop based on the driver allegedly making an unsafe lane change based on the totality of the circumstances.
Trooper Bollen was patrolling in the eastbound ...
by Anthony W Accurso
The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth failed to prove that the search occasioned by the monitoring was constitutionally justified.
Timothy M. Roderick was convicted ...
by Anthony W. Accurso
The Supreme Court of Montana ruled a state trooper impermissibly extended a traffic stop to investigate a drug possession based solely on the odor of marijuana and undeveloped hunches.
William James Harning was driving a truck full of ceramics to an art show around 10:00 a.m. ...
by Anthony W. Accurso
There are many aspects of the criminal justice system in the U.S. that are in desperate need of reform, but one aspect — how we obtain information from potential suspects — is perhaps more troubling than others because it does more than just undermine the pursuit ...
by Anthony W. Accurso
The Supreme Court of Arizona held that “the identity of an alleged narcotic drug is an element of ARS § 13-3408, and therefore jury unanimity is required.”
Jorge Romero-Millan, Ernesto Hernandez Cabanillas, and Marco Antonio Garcia-Paz are all Mexican nationals who were lawfully residing in the U.S. ...
