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Articles by Anthony Accurso

Tech Giants Support Ban on Geofence and Reverse Keyword Warrants

by Anthony W. Accurso

Google, Microsoft, and Yahoo issued a public statement via the trade organization, “Reform Government Surveillance,” supporting a bill before the New York State legislature that would prohibit the use of geofence and reverse keyword warrants. The bill, known as The Reverse Location Search Prohibition Act (Assembly ...

Fourth Amendment Loopholes and the PATRIOT Act’s Legacy

by Anthony W. Accurso

Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this day, including egregious exceptions to requirements under the Fourth Amendment.

After ...

Psychological Repercussions of Surveillance

by Anthony W. Accurso

Steve Martinot, Instructor Emeritus at the Center for Interdisciplinary Programs at San Francisco State University, wrote a lay explanation of the psychological effects of the surveillance state, explaining its persistent harm and its purpose in perpetuating norms of oppression.

The concept of ubiquitous state surveillance dates ...

Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI

by Anthony W. Accurso

Public records requests have shed light on a program within the Chicago Police Department (“CPD”) whose purpose is to collect information on people by surveilling their social media profiles and how this program is supported by a similar team at the FBI that provides CPD with ...

Outdated Wiretap Law Gives Feds Easy Access to Metadata

by Anthony W. Accurso

A just-unsealed government wiretap application from November 2021 shows that DEA agents in Ohio applied to force WhatsApp to provide metadata on seven users, and all the agency had to say was that “the information likely to be obtained is relevant to an ongoing criminal investigation ...

FBI Forces Suspect to Unlock Messaging App Using FaceID

by Anthony W. Accurso

In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to find evidence of a crime in his chat history.

The FBI was ...

New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle

by Anthony W. Accurso

The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of a window tint violation justifying a traffic stop in which a loaded handgun was recovered where police could see through the tinted rear windshield sufficiently to determine there was a single occupant attempting ...

Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily

by Anthony W. Accurso

In an opinion issued on May 10, 2022, the Supreme Court of Connecticut ruled that defense counsel’s waiver of the defendant’s right to testify on the record in the defendant’s presence while the defendant remained silent constitutes a valid waiver of the defendant’s right to testify ...

Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop

by Anthony W. Accurso

The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is unreasonable where the officer himself created the safety risk through his actions.

Around 2:00 a.m. in the early ...

Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home

by Anthony W. Accurso

The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was being investigated is insufficient to justify the warrantless entry of his home under the exigent circumstances exception, even though there was probable cause to arrest ...

 

 

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