by Anthony W. Accurso
The Supreme Court of New Hampshire held that a warrantless entry of an enclosed porch attached to a mobile home was constitutionally impermissible because the homeowner took steps to protect his privacy in that space.
Officers with the Conway Police Department received a …
by Anthony W. Accurso
Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949.
On January 8, 1949, 32-year-old Ruby Stroud Floyd alleged she was raped …
by Anthony W. Accurso
The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context of criminal prosecutions. Despite being practiced for over 150 years, this field has undergone two periods …
by Anthony W. Accurso
Supreme Court of Kentucky upheld the decision of a trial court that found a single officer asking questions of the defendant in a public area amounted to an unlawful seizure because the defendant had a history of being arrested by that particular officer so …
by Anthony W. Accurso
Arecently-obtained document sheds light on how an FBI special team obtains data from cellular providers to provide support for FBI, tribal, and local law enforcement investigations, including what data they can obtain and how long each provider stores that data.
Ryan N. Shapiro …
by Anthony W. Accurso
The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and thereby triggered the requirement for Miranda warnings where, among other factors, two police officers sought out the defendant, asked her to exit the store …
by Anthony W. Accurso
One police tactic that is quickly gaining traction involves surveilling social media posts on sites like Facebook and Twitter, but Facebook (now Meta) is reminding police that fake (or “dummy”) accounts are not allowed.
Police have always been allowed to view public posts …
by Anthony W. Accurso
The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s denial of defendant’s 28 U.S.C. § 2255 motion, ruling defendant’s appellate counsel was constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984), …
by Anthony W. Accurso
The Supreme Judicial Court of the Commonwealth of Massachusetts upheld the suppression of a defendant’s statements to police after invoking his right to an attorney, because the Commonwealth failed to prove beyond a reasonable doubt that he had knowingly, voluntarily, and intelligently waived his …
by Anthony W. Accurso
The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the automobile nor the search incident to arrest exception applied, and the inevitable discovery doctrine didn’t apply.
On August 28, 2019, Nicholas Lelm was …