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Extending the Surveillance State During the Pandemic
Loaded on Aug. 15, 2020
by Anthony Accurso
published in Criminal Legal News
September, 2020, page 32
Filed under:
Racial Discrimination,
COVID-19,
Police State-Surveillance,
Warrantless Searches.
Locations:
Alabama,
Florida,
Massachusetts,
New York.
by Anthony W. Accurso
Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, especially in predominantly Black and Brown communities.
…
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More from this issue:
- State Violence, Legitimacy, and the Path to True Public Safety, by David M. Kennedy
- Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits, by Kevin Bliss
- How the Courts Are Using Compassionate Release to Fix Unfair Sentences, by Dale Chappell
- Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing, by Dale Chappell
- The Warrior Cop Mindset, by Edward Lyon
- Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
- SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination, by Douglas Ankney
- Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination, by Douglas Ankney
- California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes, by Anthony Accurso
- Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes, by Douglas Ankney
- Third Circuit: District Court Must Personally Address Defendant During Sentencing, by Douglas Ankney
- Police Body Cams Are not a Cure-All, by Edward Lyon
- Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, by Douglas Ankney
- FBI Expands Ability to Surveil Social Media and Cellphone Location Data, by Douglas Ankney
- Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
- SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans, by Douglas Ankney
- California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively, by Matthew Clarke
- Nationwide Police Misconduct Database Available to Public, by Kevin Bliss
- Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
- Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
- Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis, by David Reutter
- Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, by Matthew Clarke
- Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent, by Douglas Ankney
- Extending the Surveillance State During the Pandemic, by Anthony Accurso
- The Power of Filming Police, by Jayson Hawkins
- Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, by David Reutter
- Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
- Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B), by Matthew Clarke
- Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization, by Dale Chappell
- What to Do if You’re Pepper-Sprayed, by Dale Chappell
- After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder, by Michael Fortino, Ph.D
- Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, by Dale Chappell
- Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed, by David Reutter
- Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, by David Reutter
- New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis, by Derek Gilna
- Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County, by Kevin Bliss
- Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
- Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
- Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online, by Douglas Ankney
- Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer, by Douglas Ankney
- Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes, by Anthony Accurso
- Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
- Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
- Ban the Box not Applicable to COVID-19 Stimulus Aid, by Edward Lyon
- Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup, by Laura Smalarz
- The Lunacy of Qualified Immunity, by Edward Lyon
- Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters, by Douglas Ankney
- I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
- News in Brief
- Problems With Predictive Policing, by Jayson Hawkins
More from Anthony Accurso:
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
- How Nepotism in New York Prisons Cost Prisoners Their Lives, Oct. 1, 2025
More from these topics:
- Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, May 1, 2026. Failure to Object, Appealable Issues/Orders, Warrantless Searches, Reasonable Suspicion, Special Conditions.
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, May 1, 2026. Racial Discrimination, Medical Records, COVID-19, Statistics/Trends, Databases.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks, April 1, 2026. Searches - Cellphones/Computers/Internet, Warrantless Searches, Electronic Surveillance, State Constitutional Claims, Suppression.
- New Jersey Governor’s Order Allows People with Prior Felony Convictions to Serve on Jury Duty, March 1, 2026. Racial Discrimination, State Legislation, Restrictions, discrimination, Jury Selection.
- Texas Prisoner Declared Innocent 70 Years After Execution, March 1, 2026. Racial Discrimination, Death Penalty, False Confessions, Eyewitness Identification, Prosecutorial Misconduct.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible, March 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Motions To Suppress, Searches - Automobile, Reasonable Suspicion.
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026. Warrantless Searches, Consent Searches, State Constitutional Claims, Fruit of the Poisonous Tree, Unlawful Entry/Conduct.
- The “Free Trial” Police State, March 1, 2026. Police State-Surveillance, Enforcement of Immigration Laws, Electronic Surveillance, Privacy Act/Rights, Use of Drones.





