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Articles by Anthony Accurso

Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States

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, ...

Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression

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 ...

New Digital Warrants Undermine Fourth Amendment

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 ...

Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions

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 ...

Brooklyn DA Releases List of Untrustworthy Cops

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 ...

North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment

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 ...

California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test

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 ...

Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful

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 ...

Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed

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 ...

First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction

by Anthony W. Accurso

The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing Guidelines (“USSG”) refers to substances that are controlled at the time of the defendant’s sentencing, not at the time of their prior conviction. ...

 

 

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