by Anthony W. Accurso
The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception to the exclusionary rule where the search warrant for cellphones found at the scene of a traffic accident stated that evidence of a crime “may” be found on ...
by Anthony W Accurso
A California trial court held that ageofence warrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored.
People v. Dawes, Court No. 19002022, SW# 42739, involved ...
by Anthony W Accurso
THe Supreme Court of Wisconsin held that the information upon which an officer relied to conduct an investigatory stop was insufficiently particularized to constitute reasonable suspicion because it consisted only a vehicle’s make – a Harley-Davidson motorcycle.
On a Saturday night in April, a sheriff’s deputy ...
by Anthony W Accurso
A California trial court held that a geofencewarrant obtained by the San Francisco PD violated the Fourth Amendment and the recently enacted California Electronic Communications Privacy Act (“CalECPA”), requiring future warrants to be more narrowly tailored.
People v. Dawes, Court No. 19002022, SW# 42739, involved ...
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 ...
