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Articles by Anthony Accurso

Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers

by Anthony W. Accurso

Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves.

The U.S. Supreme Court ruled in Carpenter v. United States, 585 U.S. 296 (2018), that the government must obtain a ...

Crowdsourcing a Map to Track License Plate Surveillance

by Anthony W. Accurso

An open-source initiative is empowering citizens to monitor automated license plate readers (“ALPRs”) worldwide, cataloging their locations to reveal how police and private companies deploy these surveillance tools.

Flock Safety (“Flock”), a leading ALPR vendor in the United States, markets its technology as a means to ...

D.C. Police Continue Heavy Investment in Social Media Monitoring

by Anthony W. Accurso

The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through a 2022 lawsuit by the Brennan Center for Justice and Data for ...

Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W

by Anthony W. Accurso

The Supreme Judicial Court of Massachusetts upheld a trial court’s order for a new trial after it concluded that defense counsel had a conflict of interest where counsel could potentially be called to testify about the events that occurred during a voluntary police interview that formed ...

D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination

by Anthony W. Accurso

The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act where it is used to establish ownership of a cellphone and its contents.

Background

Jeffrey Brown, Markus Maly, and Peter Schwartz were charged ...

Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed

by Anthony W. Accurso

The Supreme Court of Colorado held that a defendant who had her hands bagged and secured with zip ties to preserve any evidence of gunpowder residue without her consent at the police station and was confined to an interrogation room with the door closed was in ...

First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased

by Anthony W. Accurso

The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception to the warrant requirement applied to justify police officers’ warrantless entry into a home where the facts showed they had reason ...

Police Departments Are Now Using AI to Write Reports

by Anthony W. Accurso

Axon, a company that makes products (including weapons) and services available to police departments, has begun selling a new product designed to use artificial intelligence (“AI”) to turn bodycam audio into police reports. However, a recent ACLU white paper expresses skepticism while cautioning against wider deployment. ...

Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search

by Anthony W. Accurso

The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, is insufficient to justify a warrantless search of a driver’s vehicle.

On September 15, 2020, Ryan Redmond was driving from Des Moines, Iowa, ...

Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints

by Anthony W. Accurso

Desorption electrospray ionization, a type of mass spectrometry (“DESI-MS”), is being studied as a way to analyze overlapping or weak fingerprints, solving an age-old problem of evidence quality.

For over a century since Scotland Yard established its first Fingerprint Bureau, the issues of overlapping or weak ...

 

 

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