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Articles by Anthony Accurso

Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI

by Anthony W. Accurso

Public records requests have shed light on a program within the Chicago Police Department (“CPD”) whose purpose is to collect information on people by surveilling their social media profiles and how this program is supported by a similar team at the FBI that provides CPD with ...

Outdated Wiretap Law Gives Feds Easy Access to Metadata

by Anthony W. Accurso

A just-unsealed government wiretap application from November 2021 shows that DEA agents in Ohio applied to force WhatsApp to provide metadata on seven users, and all the agency had to say was that “the information likely to be obtained is relevant to an ongoing criminal investigation ...

FBI Forces Suspect to Unlock Messaging App Using FaceID

by Anthony W. Accurso

In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to find evidence of a crime in his chat history.

The FBI was ...

New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle

by Anthony W. Accurso

The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of a window tint violation justifying a traffic stop in which a loaded handgun was recovered where police could see through the tinted rear windshield sufficiently to determine there was a single occupant attempting ...

Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily

by Anthony W. Accurso

In an opinion issued on May 10, 2022, the Supreme Court of Connecticut ruled that defense counsel’s waiver of the defendant’s right to testify on the record in the defendant’s presence while the defendant remained silent constitutes a valid waiver of the defendant’s right to testify ...

Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop

by Anthony W. Accurso

The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is unreasonable where the officer himself created the safety risk through his actions.

Around 2:00 a.m. in the early ...

Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home

by Anthony W. Accurso

The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was being investigated is insufficient to justify the warrantless entry of his home under the exigent circumstances exception, even though there was probable cause to arrest ...

Your Data Is For Sale and Anonymization Is Meaningless

by Anthony W. Accurso

Data brokers exist to buy bulk user data collected by advertising tech companies and resell it to other companies, government agencies, and the public. They claim this practice is harmless since the data has been “anonymized”—meaning a user’s name has been replaced by a random advertising ...

Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy

by Anthony W. Accurso

The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, MCL 750.317, and the involuntary manslaughter statute, MCL 750.329, when both convictions result from the death of a single person.

In the early morning ...

Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies

by Anthony W. Accurso

PenLink, a Nebraska company, is filling the void in the U.S. of private companies that help law enforcement agencies—mostly federal, but some local as well—accomplish the digital equivalent of wiretapping communications that occur over social media messaging services.

The company got its start in 1987 by ...



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