Constitutional Law Electronic Discovery Criminal Law

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Access to Cellular Phone Records by Defense Counsel

In many criminal cases, cellular telephone records are an invaluable resource. These records may shed light on whether an alleged victim or witness communicated with someone of importance in a case, and when. There are...more

BB&K Police Bulletin: Warrant to Search Electronic Records - Court Upholds Search of Computer and Storage Devices for Child...

Overview: The Ninth Circuit Court of Appeals recently found that probable cause supported a warrant authorizing the electronic search of computer equipment and digital storage devices belonging to a suspected child...more

Can the Government Search Your iPad or iPhone at the Border?

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more

Don’t Text & Drive…but Can the Police Search Your Cell Phone at the Traffic Stop?

If someone is stopped for breaking a Hands Free law, an interesting question is whether the police can do a warrantless search of the cell phone....more

Extra! Extra! No Tweeting in Court!

In United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v. Shelnutt,...more

An Email State of Mind: Confessions of an Online Fraudaholic

A criminal Defendant challenged the admission of customer email messages from the trial as they “were hearsay and that their admission was highly prejudicial and violated the spirit of the Confrontation Clause of the Sixth...more

In Re: National Security Telecommunications Records Litigation

Class Action: Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points & Authorities in Support of...

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National...more

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