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Articles by Anthony Accurso

Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator

by Anthony W. Accurso

The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and requires that warrants be issued only “upon probable cause, supported by oath or affirmation, and particularly describing ...

Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception

by Anthony W. Accurso 

The Supreme Court of Minnesota ruled that the standard for probable cause to conduct a warrantless search of a vehicle requires more than the mere odor of marijuana.

Adam Lloyd Torgerson was stopped by Litchfield Police on the evening of July 5, 2021, because his “vehicle’s ...

New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location

by Anthony W. Accurso

The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) regarding defendant’s alleged location during the timeframe the charged offense occurred based on the agent’s personal “rule of thumb” approximation of ...

New Night-Vision Capable Drone Marketed to Police

by Anthony W. Accurso

Skydio, a popular drone manufacturer, released the new X10, whose main selling point is an infrared camera, which allows it to track people and fly autonomously in the dark.

The company began making hobby drones about a decade ago, selling them to athletes who wanted something ...

Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby

by Anthony W. Accurso

The U.S. Court of Appeals for the Third Circuit held that a defendant who possessed the keys to a rental car that was rented by his girlfriend (who gave permission to him to possess the keys and operate the car) had a reasonable expectation of privacy ...

Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated

by Anthony W. Accurso

The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was vacated.

Eddie Lipscomb was convicted in 2008 of being a felon in possession of a firearm under 18 ...

FBI Works to Expand Court Authority for Its Offensive Cyber Operations

by Anthony W. Accurso

The FBI’s effort to disable an army of zombie computers being used for cyber-crime is pretty mediagenic, but it is the latest step in the DOJ’s plan to render jurisdictional limits on law enforcement power obsolete.

For the last two decades or so, the internet has ...

Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search

by Anthony W. Accurso

The U.S. Court of Appeals for the Fourth Circuit overruled the U.S. District Court for the Northern District of West Virginia’s denial of a defendant’s suppression motion, ruling that police lacked reasonable suspicion to detain him based on the tip that he was acting suspiciously and ...

Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply

by Anthony W. Accurso

The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and it was not harmless beyond a reasonable doubt. In doing so, the Court reiterated that there is a different harmless error standard for pre-arrest versus ...

Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment

by Anthony W. Accurso

The Supreme Court of Idaho overturned a district court’s denial of a defendant’s suppression motion, instructing on remand that the court determine whether the primary purpose for which the officers impounded the defendant’s vehicle was to conduct a search for contraband under the Court’s newly adopted ...

 

 

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