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Articles by Anthony Accurso

The Battle Against CSAM: The Front Line of the Government’s War on the Fourth Amendment

by Anthony W. Accurso

Few topics elicit the level of disgust, outrage, and hyperbole as the subject of the sexual abuse of children does in America. No child should be subjected to sexual assault, but our collective efforts to prevent this harm should be mindful of other values we hold ...

Tenth Circuit Rules Trooper’s Hunches Insufficient to Prolong Traffic Stop, Explains ‘Rodriguez Moment,’ and Suppresses Evidence Obtained as Result of Unlawful Seizure

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit held that the various hunches of drug-related activity articulated by a Utah Highway Patrol Trooper were insufficient to prolong a traffic stop in order for a drug-detection dog to arrive on scene to search for drugs, that ...

Digital Privacy and Law After Dobbs

by Anthony W. Accurso

This June, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022), a ruling that fundamentally changed the landscape of law relating to abortion access in America. This change will play out in multiple areas of the law, though several ...

Seventh Circuit: Fugitive’s Cell Phone Tracked to Apartment Building Does Not Establish Reasonable Suspicion of Criminal Activity for Warrantless Seizure and Search of All Occupants and Apartments in Building

by Anthony W. Accurso

The U.S. Court of Appeals for the Seventh Circuit held that GPS location data of a fugitive’s cell phone putting it at a particular apartment building does not establish reasonable suspicion of criminal activity by all the occupants of the building justifying the warrantless investigative seizure ...

Book Review: Manufacturing Criminals: Fourth Amendment Decay in the Electronic Age

by Anthony W. Accurso

Bonnie Burkhardt was your average tech-oriented government employee who happened to stumble across a network of law enforcement officers who regularly violate federal and Virginia state laws to enrich themselves. If this sounds like the plot of a John Grisham novel, you’ll be surprised to learn ...

California Court of Appeal Explains ‘Automobile Exception’ and ‘Plain-View Seizure’ Doctrines, Rules Warrantless Seizure of Defendant’s Vehicle Parked on Friend’s Property Violates Fourth Amendment

by Anthony W. Accurso

The Court of Appeal of California, Third Appellate District, ordered the suppression of evidence obtained from defendant’s vehicle parked on private property belonging to a family friend after police seized it without a warrant for that location, concluding that the automobile exception to the warrant requirement ...

CBP Deploys Surveillance Blimp Over Nogales, Arizona

by Anthony W. Accurso

Customs and Border Patrol (“CBP”) launched its 17th surveillance blimp in June 2022, this time in a stationary location over Nogales, Arizona.

CBP put out a press release about the blimp the day before it was launched, though it did not directly notify the residents of ...

Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes

by Anthony W. Accurso

The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a defendant’s cellphone to a crime under investigation where the warrant affidavit simply made generic statements about the ubiquity of cellphones and their use during criminal activity.

On September 18th, 2016, ...

Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements

by Anthony W. Accurso

The Supreme Court of Hawai’i held that a defendant’s right not to incriminate herself under article I, section 10 of the Hawai’i Constitution was violated when an officer asked her “medical rule-out” questions prior to performing a field sobriety test without first providing the required Miranda ...

Tech Giants Support Ban on Geofence and Reverse Keyword Warrants

by Anthony W. Accurso

Google, Microsoft, and Yahoo issued a public statement via the trade organization, “Reform Government Surveillance,” supporting a bill before the New York State legislature that would prohibit the use of geofence and reverse keyword warrants. The bill, known as The Reverse Location Search Prohibition Act (Assembly ...

 

 

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