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Articles by Anthony Accurso

The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure

by Anthony W. Accurso

On January 7, 2021, the FBI published a document entitled “Lawful Access,” detailing what information is available from various online messaging platforms and providing guidance to various law enforcement agencies on how such data can be obtained through procedures already authorized for investigative purposes.

The document ...

Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior

by Anthony W. Accurso

The Supreme Court of Kentucky held that a police officer impermissibly extended a traffic stop when he suspended the completion of writing a traffic citation to assist other officers conducting a vehicle sniff using a drug-detection dog.

Just before midnight on April 21, 2017, Officer Ryan ...

Police Outsourcing Reduces Transparency

by Anthony W. Accurso

Transparency and accountability in law enforcement make for better relationships between police and the communities they serve, but a growing reliance on tech provided to police by private companies is reducing transparency.

An October 2021 report in the journal Science highlighted this trend of outsourcing police ...

A House Built on Discriminatory Sand

Strategies for Pushing Back on Data-Driven Policing Trends

by Anthony W. Accurso

The National Association of Criminal Defense Lawyers (“NACDL”) released its Task Force report on data-driven predictive policing in September, 2021, highlighting the failures of predictive policing and making policy recommendations regarding its use.

In 2017, the NACDL created ...

New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home

by Anthony W. Accurso

The Supreme Court of New Hampshire held that a warrantless entry of an enclosed porch attached to a mobile home was constitutionally impermissible because the homeowner took steps to protect his privacy in that space.

Officers with the Conway Police Department received a tip on April ...

Martinsville Seven Pardoned 70 Years After Execution

by Anthony W. Accurso

Governor Ralph Northam (D-VA) signed posthumous pardons for seven Black men denied due process in a criminal case following a rape allegation involving a white woman in Martinsville, Virginia, in 1949.

On January 8, 1949, 32-year-old Ruby Stroud Floyd alleged she was raped by 13 Black ...

The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions

by Anthony W. Accurso

The forensic science known as Bloodstain Pattern Analysis (“BPA”)—a.k.a. blood spatter analysis—is undergoing significant development after being the object of intense criticism regarding its reliability in the context of criminal prosecutions. Despite being practiced for over 150 years, this field has undergone two periods of dramatic ...

Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop

by Anthony W. Accurso

Supreme Court of Kentucky upheld the decision of a trial court that found a single officer asking questions of the defendant in a public area amounted to an unlawful seizure because the defendant had a history of being arrested by that particular officer so he reasonably ...

FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data

by Anthony W. Accurso

Arecently-obtained document sheds light on how an FBI special team obtains data from cellular providers to provide support for FBI, tribal, and local law enforcement investigations, including what data they can obtain and how long each provider stores that data.

Ryan N. Shapiro of the nonprofit ...

Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings

by Anthony W. Accurso

The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and thereby triggered the requirement for Miranda warnings where, among other factors, two police officers sought out the defendant, asked her to exit the store in which ...



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