by Anthony W. Accurso
The United States Court of Appeals for the Ninth Circuit affirmed the exclusion of the factual basis from the defendant’s plea agreement, holding that the agreement’s waiver of Federal Rule of Evidence 410 (“Rule 410”) protections was never triggered. The Court reasoned that because …
by Anthony W. Accurso
In an era of expanding government surveillance, protecting your digital privacy is more critical than ever. This article offers practical steps to safeguard your data from government and corporate surveillance. As digital threats evolve in 2025, with increasing use of AI for tracking and …
by Anthony W. Accurso
In a case of first impression, the Supreme Court of Idaho held that the warrantless search of a patient who was in civil protective custody violated the Fourth Amendment because the State failed to establish that the search fell within a recognized exception or …
by Anthony W. Accurso
The Supreme Court of Michigan held that a search warrant was insufficiently particular in violation of the Fourth Amendment because it permitted investigators to search “any and all data” on the defendant’s cellphone with the only instruction limiting the scope of the search was …
by Anthony W. Accurso
The United States Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Western District of Tennessee erred by applying an ACCA enhancement at sentencing because the District Court, not a jury, determined that the relevant offenses occurred on …
The 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.
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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 …
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 …
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, …
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 …
