Beginning on July 2004, you will be filing electronically in the Clerk’s Office for the United States District Court for the Middle District of Florida. This is the future. The train is leaving the station; you can be on it or under it. Worry not, since implementation of the system can be painless. At my…
Continue reading ›“If mission critical data is lost, then call in a pro. Finagling with missing or damaged files can render them irrecoverable.” Everyone has lost a document or probably will encounter someone who will try to “lose” a piece of evidence. On the innocent side, the computer could “freeze,” lose power, be hit by a hurricane,…
Continue reading ›Law Enforcement and attorneys for the other side have a team working against you. Why not have your own Forensics Team working for you? More than ninety percent (90%) of documents are now created electronically, and less than thirty percent (30%) of those electronic documents are ever converted to paper. Rules on preserving electronically stored…
Continue reading ›Cell Phone Search Warrant Up until quite recently, there were exceptions to the general requirement that police get a Search Warrant for a cell phone. Cell phones have been a window into suspects’ activities, as police used these exceptions to get their hands on information found inside mobile devices. Obtaining a Search Warrant for a cell…
Continue reading ›Cell Phone Searches – Supreme Court Update: “Chief Justice John Roberts delivered the opinion of the Court, concluding that a warrant is required to search a mobile phone.[8] Roberts wrote that it fails the warrantless search test established in Chimel v. California.” “The Supreme Court granted certiorari review in two similar cases, both used with…
Continue reading ›Florida Criminal Defense Attorney has been researching a new law that may make anyone with a cell phone or computer with Internet access a person possessing an illegal gambling device. Specifically, the definition of “slot machine” may now include most web devices. When a law captures innocent conduct it can be void for vagueness. The…
Continue reading ›Search Warrant for Cell Phone Handset Required Florida Supreme Court Says a police officer is not authorized to search through photographs and information within a cell phone that was on defendant at time of arrest. Cell phone had been separated from defendant at time of search. Factually, images from defendant’s cell phone depicted a weapon that…
Continue reading ›TrueCrypt and the Fifth Amendment Federal Defense Attorney just won a case where the defendant was ordered to decrypt a hard drive the government had lawfully seized. Feds tried to force a defendant to give up a password used to encrypt several hard drives using TrueCrypt. Case Excerpts: “The Fifth Amendment protects Doe’s refusal to decrypt and produce the contents of the media devices because the act…
Continue reading ›ESI Discovery in Federal Criminal Cases Federal Criminal Defense Attorney just received an excellent checklist and list of principles to be applied in electronic discovery in criminal cases. Thanks to our Federal defense lawyer for this excellent outline. Below the principles are a quick ESI checklist. “Today, most information is created and stored electronically. The advent of electronically stored information (ESI)…
Continue reading ›Board Certified Criminal Trial Lawyer at Law Office of W.F. ”Casey” Ebsary, Jr. notes recent developments in Cell Phone Location Data used in Criminal Prosecutions. When the government wants to track an individual’s location through his or her cell phone, it submits an application to a judge seeking an order compelling a company to provide…
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