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Articles by Anthony Accurso

Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant

T

he United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion to suppress evidence of child exploitation, holding that investigators relied on an overbroad and unspecific warrant provision when they discovered the evidence.

Background ...

Colorado Supreme Court Announces Police Facilitating 
Drug-­Detection Dog’s Entry Into Vehicle by Opening Door 
During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment

The Supreme Court of Colorado held that the police conducted an unreasonable search under the Fourth Amendment of a defendant’s vehicle during a traffic stop when they facilitated entry into the vehicle by a drug-­sniffing dog without probable cause.

Tien Dinh Pham was observed leaving an area police alleged to ...

Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence

The Supreme Court of Illinois ruled that a defendant retains the right to challenge his sentence when he enters a “blind” guilty plea, i.e., a plea that does not specify the sentence as part of the plea.

Background

Sedrick White admitted to fatally shooting Arnel Adamore in August 1998 while ...

Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity 
Due to Which State’s Statute Prior Conviction Based Upon

The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Southern District of West Virginia abused its discretion by failing to address the defendant’s non-frivolous argument for a downward variance. 

Tytus Lamaar Shields was importing drugs for distribution in Parkersburg, West Virginia, ...

Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers

by Anthony W. Accurso

Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves.

The U.S. Supreme Court ruled in Carpenter v. United States, 585 U.S. 296 (2018), that the government must obtain a ...

Crowdsourcing a Map to Track License Plate Surveillance

by Anthony W. Accurso

An open-source initiative is empowering citizens to monitor automated license plate readers (“ALPRs”) worldwide, cataloging their locations to reveal how police and private companies deploy these surveillance tools.

Flock Safety (“Flock”), a leading ALPR vendor in the United States, markets its technology as a means to ...

D.C. Police Continue Heavy Investment in Social Media Monitoring

by Anthony W. Accurso

The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through a 2022 lawsuit by the Brennan Center for Justice and Data for ...

Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W

by Anthony W. Accurso

The Supreme Judicial Court of Massachusetts upheld a trial court’s order for a new trial after it concluded that defense counsel had a conflict of interest where counsel could potentially be called to testify about the events that occurred during a voluntary police interview that formed ...

D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination

by Anthony W. Accurso

The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act where it is used to establish ownership of a cellphone and its contents.

Background

Jeffrey Brown, Markus Maly, and Peter Schwartz were charged ...

Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed

by Anthony W. Accurso

The Supreme Court of Colorado held that a defendant who had her hands bagged and secured with zip ties to preserve any evidence of gunpowder residue without her consent at the police station and was confined to an interrogation room with the door closed was in ...

 

 

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