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Articles by Anthony Accurso

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 ...

Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings

by Anthony Accurso

The Supreme Court of Washington issued a ruling that both clarified the standards governing the use of shackles during all court appearances and criticized the adoption of blanket policies for shackling without an individualized inquiry.

John W. Jackson, Sr. was accused of “assault in the second degree, ...

Proliferation of Police Drones Feeds Big Brother’s Need for Big Data

 

by Anthony Accurso

A recent article by Nick Mottern on Truthout.org highlights the growing trend of big data collection made possible by tech in policing, specifically the proliferation of drones with cameras.

Julie Weiner was at a Black Lives Matter protest in Yonkers, New York, in early June 2020 ...

Technology and Police Reform

by Anthony Accurso

Technology innovation seems to impact every aspect of our lives in the modern era, but what roles should technology play in policing? As the national conversation has turned to police reform, technology’s roles are being questioned anew.

Three technology trends are behind many of our most recent ...

IRS May Have Obtained Phone Location Data Without Warrant

by Anthony Accurso

The Treasury Inspector General for Tax Administration (“TIGTA”) is expected to investigate a claim that the IRS Criminal Investigation (“CI”) unit attempted to obtain location data on suspects without first obtaining a warrant.

The Supreme Court ruled in Carpenter v. United States (2019) that location data drawn ...

Your Neighborhood Does Not Need an Automated License Plate Reader

by Anthony W. Accurso

Companies are targeting Homeowners Associations and Neighborhood Associations as potential customers for Automated License Plate Readers (ALPRs), promising the devices will keep neighborhoods safe. However, there is no evidence these devices improve safety, though they have been proven to compromise your privacy.

ALPRs, such as those ...

Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing

The U.S. Court of Appeals for the Fourth Circuit reversed and remanded for resentencing a case because the U.S. District Court for the Western District of North Carolina imposed 26 conditions of supervision as part of its written order, but had made no mention of supervision conditions ...

Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made

Steven Michael Chambers was charged with raping N.S. in ...

Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It

In a recent decision dismissing a defendant’s lawsuit against a police officer on the basis of qualified immunity, Judge Carlton Reeves of Mississippi filed a 72-page opinion that challenges the morality of the doctrine of qualified immunity, provides an in-depth history of the doctrine, and concludes with a challenge to ...

Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied

 

 

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