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Articles by Anthony Accurso

Startup Surveils Communities of Color for Police Using Twitter

Dataminr’s early backers included Twitter and the ...

How to Spot Surveillance at Protests

by Anthony Accurso

The Electronic Frontier Foundation’s (“EFF”) Senior Investigative Researcher Dave Maass has posted a 25-minute video titled “How To Observe Police Surveillance at Protests.” In it, Maass explains the visible and non-visible tools deployed against protesters.

First and foremost, anything with a camera can be used by police ...

Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts

by Anthony Accurso

The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an acquittal on two of the counts.

Johnathan Nickson was tried in mid-2018 on two counts of first-degree murder ...

Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop

On September 2, 2017, Jaquan Walker and Javone Hopkins ...

Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing


by Anthony Accurso 

The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant charged with a class 4 felony DUI simply because he was free on personal recognizance pending ...

Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct


by Anthony Accurso

In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s order denying a prisoner’s motion for sentence reduction under the First Step Act because the court failed to ...

Federal Judges Beginning to Reject Geofence Warrants

Such warrants are sometimes ...

Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status


by Anthony Accurso

The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer searched his rented space.

Stephen Thomas was caring for his sick wife when they ...

Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant

by Anthony Accurso

In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in violation of the Maine and U.S. Constitutions’ ex post facto provisions.

Craig A. Porter ...

Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement

by Anthony Accurso

The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s conviction under California Penal Code § 261.5(c) is not a predicate offense triggering a higher mandatory sentencing range under 18 U.S.C. § 2252(b)(1) because the state statute of conviction is not a categorical match ...



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