Skip navigation
CLN bookstore

Articles by Anthony Accurso

Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases

by Anthony W. Accurso

The Supreme Court of Georgia overruled the Court of Appeals’ line of cases starting with McBee v. State, 491 S.E.2d 97 (Ga. Ct. App. 1997), that apply a “relevance” standard to whether evidence seized outside the scope of a search warrant must be suppressed because ...

Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search

by Anthony W. Accurso 

In a case of first impression on two issues, the Supreme Judicial Court of Massachusetts (“SJC”) held that (1) an officer wearing a bodycam inside a suspect’s home during a domestic disturbance call was not a search under the Fourth Amendment and Article 14 and (2) ...

Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage

by Anthony W. Accurso 

The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated to that search.

On August 29, 2019, Devan Calabrese was alleged to have threatened three persons ...

Facial Recognition Run-Down

by Anthony W. Accurso 

Facial recognition is a technology that is rapidly evolving, aided by transformative gains in artificial intelligence and camera resolution, as well as the proliferation of ubiquitous surveillance systems—by both government and corporate actors—which provide the volume of data necessary to train facial recognition systems and create ...

Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol

by Anthony W. Accurso 

Google, Amazon, and Microsoft continued to sell surveillance technology to Immigrations and Customs Enforcement (“ICE”) and Customs and Border Patrol (“CBP”) using subcontractors despite publicly threatening to pull contracts with both agencies over concerns about human rights abuses.

The PR show followed after employees at the ...

Armed Police Drones Are Coming

by Anthony W. Accurso 

It’s not just hobbyists who are exploiting the near-endless potential of unmanned aerial vehicles (UAVs or “drones”). Law enforcement from all over the country—most especially federal agencies—are using, or making plans to use, drones to conduct surveillance and subdue suspects.

Americans first became widely aware of ...

Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States

by Anthony W. Accurso

In a case of first impression, the Supreme Court of Idaho held that the automobile exception to the warrant requirement applies only to containers located inside the vehicle at the time probable cause arises to search containers thereunder.

Diasha Lynn Maloney was pulled-over in Twin Falls, ...

Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression

by Anthony W. Accurso

The Court of Criminal Appeals of Texas upheld the decision of a lower court to suppress a defendant’s surreptitiously recorded statements on the ground that it was not properly “warned and waived” under Texas law.

Erlinda Lujan was arrested by El Paso police in connection with ...

New Digital Warrants Undermine Fourth Amendment

by Anthony W. Accurso

Two relatively new types of warrants are causing a stir among privacy advocates and defense attorneys who claim the warrants are overbroad and jeopardize the spirit of the Fourth Amendment’s protections.

“Geofence” or “reverse” warrants involve police obtaining a warrant to obtain location information, stored at ...

Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for the sole purpose of searching for evidence of a crime.

Tulsa police received a call with a tip stating that ...

 

 

Prison Phone Justice Campaign
Advertise here
Disciplinary Self-Help Litigation Manual - Side