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Articles by Anthony Accurso

Brooklyn DA Releases List of Untrustworthy Cops

by Anthony W. Accurso

The District Attorney’s Office for Brooklyn, New York, released a list of New York City Police Department officers who cannot testify in court because of prior misconduct.

Known as a Brady (or more precisely for New York, Giglio) list, this is a list of officers ...

North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment

by Anthony W. Accurso

The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative defense of duress do not waive their Fifth Amendment right to silence.

On March 2, 2017, police approached a Ford Fusion in the parking lot of ...

California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test

by Anthony W. Accurso

In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, ch. 15, § 1, are to be assessed on a case-by-case basis using the same standard previously articulated for probation conditions in ...

Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful

by Anthony W. Accurso

The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that the Iowa Constitution prohibits law enforcement from taking a homeowner’s opaque garbage bags left curbside for collection and searching through the trash contained within without a warrant.

Officer Brandon ...

Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed

by Anthony W. Accurso

The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant while he was visiting the sheriff’s office was properly suppressed where the search warrant allowing for seizure of the phone identified only the defendant’s home as the location to be ...

First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction

by Anthony W. Accurso

The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing Guidelines (“USSG”) refers to substances that are controlled at the time of the defendant’s sentencing, not at the time of their prior conviction. ...

Unchecked Federal Use of Facial Recognition Tech

by Anthony W. Accurso


A June 29, 2021, report from the Government Accountability Office (“GAO”) details the use of facial recognition technology (“FRT”) among federal agencies and documents alarming lack of accountability, transparency, or any meaningful policies governing its use.

The GAO report reviewed 42 of the 86 federal ...

Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance

by Anthony W. Accurso

Americans are being subjected to a rapid proliferation of surveillance in every area of their lives, jeopardizing their privacy interests and rights under the Fourth Amendment of the U.S. Constitution. Law enforcement agencies at all levels are increasing the amount and types of spying as new ...

How Law Enforcement Get Past Phone Encryption

by Anthony W. Accurso

Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors.

Cryptographers at Johns Hopkins analyzed the current state of encryption, the technology used ...

Law Proposed to End Sales of Private Data to Law Enforcement

by Anthony W. Accurso

A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including geolocation data or the content of communications—from any company that collects such data.

This ...



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