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Articles by Anthony Accurso

Suspicion of Government Surveillance Increasing

by Anthony W. Accurso

The concern among Republicans and right-leaning independent voters that federal law enforcement agencies—particularly the FBI—are becoming politicized is driving an increase in the distrust these Americans have that these agencies will abuse access to personal data.

Traditional conservative voters in America have, for decades, reliably supported ...

DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers

by Anthony W. Accurso

Voluntary consent allows law enforcement to search property without a warrant, and officials in Georgia are using this loophole to locate cash belonging to airport travelers in Atlanta, which is then seized and used to fund more police operations. Lawsuits filed by two comedians has drawn ...

A Legal Argument Against Government Purchase of Location Data

by Anthony W. Accurso

The lack of effective privacy legislation covering the U.S.—combined with the occasional, poorly worded limitations imposed by the courts—has led to the current situation where law enforcement and other government agencies have been purchasing data about U.S. residents on the open market that they would not ...

North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle

by Anthony W. Accurso

The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority to arrest the driver but failed to do so because he fled the scene.

McDowell County Deputy Jesse Hicks and State Highway Patrol ...

Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator

by Anthony W. Accurso

The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and requires that warrants be issued only “upon probable cause, supported by oath or affirmation, and particularly describing ...

Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception

by Anthony W. Accurso 

The Supreme Court of Minnesota ruled that the standard for probable cause to conduct a warrantless search of a vehicle requires more than the mere odor of marijuana.

Adam Lloyd Torgerson was stopped by Litchfield Police on the evening of July 5, 2021, because his “vehicle’s ...

New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location

by Anthony W. Accurso

The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) regarding defendant’s alleged location during the timeframe the charged offense occurred based on the agent’s personal “rule of thumb” approximation of ...

New Night-Vision Capable Drone Marketed to Police

by Anthony W. Accurso

Skydio, a popular drone manufacturer, released the new X10, whose main selling point is an infrared camera, which allows it to track people and fly autonomously in the dark.

The company began making hobby drones about a decade ago, selling them to athletes who wanted something ...

Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby

by Anthony W. Accurso

The U.S. Court of Appeals for the Third Circuit held that a defendant who possessed the keys to a rental car that was rented by his girlfriend (who gave permission to him to possess the keys and operate the car) had a reasonable expectation of privacy ...

Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated

by Anthony W. Accurso

The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was vacated.

Eddie Lipscomb was convicted in 2008 of being a felon in possession of a firearm under 18 ...

 

 

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