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Articles by Anthony Accurso

Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches

by Anthony W. Accurso

The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where an absconded parolee was suspected to be residing. In doing so, the Court announced that law enforcement must have probable cause that a parolee ...

Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle

by Anthony W. Accurso

The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to a warrantless search of a vehicle where the items visible inside the vehicle by police standing outside the vehicle were not immediately and apparently incriminating.

In 2020, Detective ...

TSA Using Facial Recognition at Airports in Pilot Program

by Anthony W. Accurso

The Transportation Security Administration (“TSA”) is now using a facial recognition system to check the IDs of airline travelers at select airports to assess whether the system should be deployed nationwide.

 The TSA checks are intended to enhance the safety of passengers and staff, but even ...

Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home

by Anthony Accurso

The Supreme Court of Indiana reversed the denial of a suppression motion after finding that the arresting officer failed to advise the defendant of his right to counsel prior to consenting to a search of his home, as is required by Pirtle v. State, 323 N.E.2d ...

Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change

by Anthony W Accurso

The Supreme Court of Colorado, sitting en banc, ruled that a state trooper lacked reasonable suspicion to initiate a traffic stop based on the driver allegedly making an unsafe lane change based on the totality of the circumstances.

Trooper Bollen was patrolling in the eastbound ...

Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional

by Anthony W Accurso

The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth failed to prove that the search occasioned by the monitoring was constitutionally justified.

Timothy M. Roderick was convicted ...

Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop

by Anthony W. Accurso

The Supreme Court of Montana ruled a state trooper impermissibly extended a traffic stop to investigate a drug possession based solely on the odor of marijuana and undeveloped hunches.

William James Harning was driving a truck full of ceramics to an art show around 10:00 a.m. ...

False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice

by Anthony W. Accurso

There are many aspects of the criminal justice system in the U.S. that are in desperate need of reform, but one aspect — how we obtain information from potential suspects — is perhaps more troubling than others because it does more than just undermine the pursuit ...

Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute

by Anthony W. Accurso

The Supreme Court of Arizona held that “the identity of an alleged narcotic drug is an element of ARS § 13-3408, and therefore jury unanimity is required.”

Jorge Romero-Millan, Ernesto Hernandez Cabanillas, and Marco Antonio Garcia-Paz are all Mexican nationals who were lawfully residing in the U.S. ...

Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause

by Anthony W. Accurso

The Supreme Court of Colorado held that facts used in determining probable cause to conduct a warrantless search must include those that militate against a finding of probable cause.

Colorado State Patrol Trooper Christian Bollen was watching eastbound traffic on I-70 around 8:00 a.m. on the ...

 

 

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