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 ...
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, ...
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 ...
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 ...
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 ...
by Anthony W. Accurso
The District Attorney’s Office for Brooklyn, New York, released a list of New York City Police Department officers who cannot testify in court because of prior misconduct.
Known as a Brady (or more precisely for New York, Giglio) list, this is a list of officers ...
by Anthony W. Accurso
The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative defense of duress do not waive their Fifth Amendment right to silence.
On March 2, 2017, police approached a Ford Fusion in the parking lot of ...
by Anthony W. Accurso
In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, ch. 15, § 1, are to be assessed on a case-by-case basis using the same standard previously articulated for probation conditions in ...
by Anthony W. Accurso
The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that the Iowa Constitution prohibits law enforcement from taking a homeowner’s opaque garbage bags left curbside for collection and searching through the trash contained within without a warrant.
Officer Brandon ...
by Anthony W. Accurso
The Supreme Court of Missouri held that evidence obtained from a cell phone seized from defendant while he was visiting the sheriff’s office was properly suppressed where the search warrant allowing for seizure of the phone identified only the defendant’s home as the location to be ...
