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Articles by Anthony Accurso

Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed

by Anthony W. Accurso

The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable seizure and search, finding he was not required to prove he was unarmed.

Anthony Eugene Peters and Gary Garrison were walking in ...

New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time

by Anthony W. Accurso

The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after the district court corrected his sentence to include a lengthier term of parole, because he could not “knowingly and voluntarily” take the deal without being aware of the mandatory parole ...

Digital Voiceprinting Is Not Ready for Court

by Anthony W. Accurso

New techniques using artificial intelligence to analyze voices fall short of meeting the standard for court admissibility, but that hasn’t stopped police from coercing plea deals out of defendants while claiming the “evidence” against them is sound.

For over a 100 years, the ability to identify ...

Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories

by Anthony W. Accurso

The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for reviewing search conditions for reasonableness and announced the framework for suppression where a warrant contains both constitutional and unconstitutional search categories.

Detective Opitz of the Beaverton Police Department obtained ...

Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation

by Anthony W Accurso

The U.S. Court of Appeals for the Sixth Circuit required suppression of evidence based upon a warrant for evidence related to a structure fire where the government failed to establish probable cause to believe the fire was caused by arson or otherwise the result of criminal ...

Arizona Blowfly Database Develops Empirical Support for Time of Death Estimation

by Anthony W. Accurso

A research project in Arizona seeks to develop support for a method of determining time of death by cataloging information about blowfly species.

The gases emitted by a corpse can attract nearby blowflies to colonize and help break down a body. While blowflies will get to ...

New York Court of Appeals: Call Intercepted on Wiretap Not Exempt From Statutory Notice Requirements Simply Because Same Call Captured on Separate, Consensual Recording by Jail

by Anthony W. Accurso

The Court of Appeals of New York ordered the suppression of a jail recording where it was derived from a wiretap and the People failed to provide the required statutory notice to the defendant under CPL 700.70.

Syracuse police were investigating a fatal hit-and-run automobile accident ...

Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release

by Anthony W. Accurso

The U.S. Court of Appeals for the Fourth Circuit upheld the denial of a defendant’s suppression motion where he failed to invoke his Fifth Amendment protections while on post-release supervision and instead provided statements which led to a new charge.

Eugene Reid Linville was on supervised ...

Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing

by Anthony W Accurso

The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint counsel until after he had been ordered detained by a magistrate and required to participate in an in-person lineup – ...

Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute

by Anthony W. Accurso

The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function essentially like a machinegun the possession of which is a criminal offense – ...

 

 

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