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Articles by Anthony Accurso

The Clash Between Closed-Source Forensic Tools and the Confrontation Clause

by Anthony W. Accurso

Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic evidence in criminal proceedings. This assertion of intellectual property rights is done in ...

Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry

by Anthony Accurso

The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic offense.

Campbell County Sheriff’s Deputy Ryan Kellison attempted to pull over an SUV that he noticed had no ...

Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors

by Anthony Accurso

The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement without performing the proper analysis.

Wayne Thomas Burnley was arrested one night in April 2015 ...

JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence

by Anthony W. Accurso

JusticeText is new software designed specifically for defense attorneys and public defenders who are being overwhelmed by the amount of audio and video evidence they have to review when defending clients.

Devshi Mehrotra was nearing the end of her studies in computer science at the University ...

Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure

by Anthony W. Accurso

The Supreme Court of Wisconsin held that an officer who retained a motorist’s driver’s license without any reasonable suspicion of criminal activity—for the purpose of delaying until a drug dog arrived—effectuated an unlawful seizure.

Just after midnight on the evening of November 12, 2017, Sheboygan Police ...

Amazon Ring Service Changes Method for Police Requests

by Anthony W. Accurso

Amazon Ring announced it would change how it allows police departments to request recordings from users' cameras.

Previously, police departments could make a "request for assistance" to all users in a square mile of interest using an automatic bulk email system. This system was complicated for ...

Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI

Ethel Shelton worked as the administrative assistant to Mary ...

Should Public Defenders Be Tweeting?

New York’s public defender community is gaining popularity on Twitter by telling stories from their perspective on the criminal justice system, especially when highlighting flaws and injustices. However, there is vocal criticism whether they are crossing a line in telling stories that belong to their clients.

Public ...

Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons

The U.S. Court of Appeals for the Ninth Circuit held that police exceeded their authority to search for weapons under Terry when they directly searched the inside pocket of an otherwise compliant detainee.

Officers Robert Wining and Robert Nasland responded to a call on Nov. 15, ...

Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness

by Anthony W. Accurso

The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted the search.

In June 2018, Wilmington Police pulled over a vehicle belonging to Stephen ...

 

 

The Habeas Citebook: Prosecutorial Misconduct Side
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