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Articles by Anthony Accurso

Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements

by Anthony W. Accurso

 

The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between her and her probation officer to interrogate her regarding new crimes, ruling that this environment constituted “compelling circumstances” under state law and thus required a ...

Stinging Back: Resisting Government Surveillance of Cellphones

by Anthony W. Accurso

A cell-site simulators (“CSS”)—often referred to as a “Stingray” device, after a popular brand—is one of the newest and most controversial law enforcement tools since the introduction of the wiretap. Its use represents the intersection of four trends in policing: (1) the increasing use of military tools ...

Tech Monopolies Prevent Effective Privacy Laws in the U.S.

by Anthony W. Accurso 

Cory Doctorow’s latest book, The Internet Con: How to Seize the Means of Computation, discusses the relationship between the failure to regulate tech monopolies in the United States and the meteoric rise of government spying, tying the lack of effective privacy legislation to a subtle shift ...

Police Body Cameras, A Decade Later

by Anthony W. Accurso

It has been 10 years since body-worn cameras (“BWCs”) were posited as a solution to the lack of accountability in police murders of citizens, but police are still largely unaccountable, in part because the footage is often difficult to obtain.

At least 1,201 people were killed ...

Use of Solitary Confinement on the Rise in ICE Facilities

by Anthony W. Accurso

The Biden Administration’s rhetoric on justice and human rights issues may sound good, but a new report reveals that the use of solitary confinement—which is often in conditions the United Nations (“U.N.”) has declared amount to torture—is actually increasing in U.S. Immigration and Customs Enforcement (“ICE”) ...

California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment

by Anthony W. Accurso

The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly extended a traffic stop to conduct a drug dog sniff around the exterior of the defendant’s vehicle.

Officer Anthony McGlade of the Anaheim ...

Pharmacies Are Giving Your Prescription Data to Police Without a Warrant

by Anthony W. Accurso

Following a congressional investigation, some lawmakers wrote a letter to the Department of Health and Human Services (“HHS”) about how the eight largest pharmacy chains provide patient prescription information to police without requiring a warrant, and only one regularly notifies customers when it discloses this private ...

California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data

by Anthony W. Accurso

Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies data collected from automated license plate readers (“ALPRs”).

ALPRs are controversial. They record license ...

Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination

by Anthony W. Accurso

In a case of first impression, the Supreme Court of Utah held that production of a cellphone passcode is “testimonial” for purposes of the Fifth Amendment and that the State violated the defendant’s privilege against self-incrimination rights when it mentioned his refusal to disclose the passcode ...

The FBI’s Rapidly Expanding DNA Database

by Anthony W. Accurso

The FBI has amassed over 20 million DNA profiles in its database and has requested Congress double its budget for handling DNA samples “to process the rapidly increasing number of DNA samples collected.”

The Combined DNA Index System, or CODIS, is the FBI’s centrally searchable repository ...

 

 

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