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Articles by Anthony Accurso

Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being involved in crime” lacked sufficient particularity to be valid under the Fourth Amendment.

After a driver fired shots at a pedestrian during a verbal ...

Putting Police Use of Spy Tech Under Community Control

by Anthony W. Accurso

Community control over police departments has become a hot topic since the militaristic response of police departments to protests over the killing of George Floyd and other citizens. Part of that militaristic response has involved new surveillance technologies like drones, facial recognition software, and cell-site simulators. ...

Law Enforcement Underwhelmed by Clearview AI

by Anthony W. Accurso

Clearview AI, controversial facial recognition software being pitched to law enforcement agencies, bills itself as being “the most accurate facial identification software worldwide,” but first-hand reports from police departments reflect the program’s near uselessness.

Clearview has been trying hard to sell law enforcement agencies on using ...

Amazon Ring Service Changes Method for Police Requests

by Anthony W. Accurso

Amazon Ring announced it would change how it allows police departments to request recordings from users' cameras.

Previously, police departments could make a "request for assistance" to all users in a square mile of interest using an automatic bulk email system. This system was complicated for ...

Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI

Ethel Shelton worked as the administrative assistant to Mary ...

Should Public Defenders Be Tweeting?

New York’s public defender community is gaining popularity on Twitter by telling stories from their perspective on the criminal justice system, especially when highlighting flaws and injustices. However, there is vocal criticism whether they are crossing a line in telling stories that belong to their clients.

Public ...

Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons

The U.S. Court of Appeals for the Ninth Circuit held that police exceeded their authority to search for weapons under Terry when they directly searched the inside pocket of an otherwise compliant detainee.

Officers Robert Wining and Robert Nasland responded to a call on Nov. 15, ...

Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness

by Anthony W. Accurso

The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted the search.

In June 2018, Wilmington Police pulled over a vehicle belonging to Stephen ...

South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending

In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be removed from the registry because lifetime registration for low-risk offenders does not “bear[] a reasonable relationship” to the Legislature’s legitimate interest ...

Details Surface About Firm That Hacked iPhone for the FBI in 2016

It was in 2016 that a shooting in San Bernardino, California, sparked legal action in which the FBI attempted to use the courts to force Apple to enable a vulnerability that would allow the agency to access all iPhones, including the shooter’s. The FBI eventually dropped ...

 

 

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