Skip navigation
The Habeas Citebook: Prosecutorial Misconduct - Header

Articles by Anthony Accurso

LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment

by Anthony W. Accurso

LexisNexis is known by many of Generation X as the provider of education software, but it is actually a data company that has applied its expertise in the controversial realm of human intelligence, according to a contract with Customs and Border Patrol (“CBP”).

Advocacy group Just ...

Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant

by Anthony W. Accurso

The Supreme Court of Pennsylvania upheld the ruling of a lower court granting a writ of habeas corpus upon finding that the Commonwealth committed a Brady violation when it failed to disclose a mental health report that concluded the only witness for the prosecution was a ...

New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations

by Anthony W. Accurso

The Court of Appeals of New York reversed a case where the People failed to present evidence that the criminalist, who testified as to DNA analysis, had sufficient involvement in the final crucial step of the DNA testing process in which the DNA profile is generated ...

The Potential for Soil Dust Analysis in Forensics

by Anthony W. Accurso

Australian forensic scientists, led by Flinders University, have been studying how the chemical and biological analysis of as little as three mg of dust can pinpoint its geographical origin, so it “can be used as key evidence to link back to the scene of a crime.” ...

Suspicion of Government Surveillance Increasing

by Anthony W. Accurso

The concern among Republicans and right-leaning independent voters that federal law enforcement agencies—particularly the FBI—are becoming politicized is driving an increase in the distrust these Americans have that these agencies will abuse access to personal data.

Traditional conservative voters in America have, for decades, reliably supported ...

FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality

by Anthony W. Accurso

As part of the National Defense Authorization Act for fiscal year 2024, signed by President Biden on December 22, 2023, Congress has extended the deadline to April 19th to fully re-authorize, or modify, the FBI’s legal authority to search through NSA data collected without a warrant. ...

DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers

by Anthony W. Accurso

Voluntary consent allows law enforcement to search property without a warrant, and officials in Georgia are using this loophole to locate cash belonging to airport travelers in Atlanta, which is then seized and used to fund more police operations. Lawsuits filed by two comedians has drawn ...

A Legal Argument Against Government Purchase of Location Data

by Anthony W. Accurso

The lack of effective privacy legislation covering the U.S.—combined with the occasional, poorly worded limitations imposed by the courts—has led to the current situation where law enforcement and other government agencies have been purchasing data about U.S. residents on the open market that they would not ...

North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle

by Anthony W. Accurso

The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority to arrest the driver but failed to do so because he fled the scene.

McDowell County Deputy Jesse Hicks and State Highway Patrol ...

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 ...

 

 

PLN Subscribe Now Ad
Advertise Here 3rd Ad
The Habeas Citebook Ineffective Counsel Side