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 ...
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 ...
by Anthony Accurso
Geofence warrants have become a common way for law enforcement to link a crime to a suspect using data gathered from smartphones. However, this process is legally dubious, and two federal judges from the district court in Chicago recently rejected issuing such warrants.
Such warrants are sometimes ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
