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New Technologies, New Defenses: Beating ShotSpotter in Firearms Trials

By Mia Eisner-Grynberg

New and improved law enforcement technologies, life in an ever-encroaching and expanding surveillance (and self-surveillance) state, and a regressive presidential administration1 combine to produce fear and anxiety in criminal defense attorneys fighting gun possession cases at trial. At their core, gun cases almost always come down to police credibility. With knowledge, creativity and confidence, defense attorneys can embrace these very same technological developments to attack officer testimony, build reasonable doubt, fight for their clients, and win.

The Changing Landscape of Gun Possession Cases

As few as 10 years ago, the standard gun trial consisted essentially of police officers testifying that they recovered a gun from on or near an attorney’s client, and an “expert” (or stipulation) concluding that the gun was operable and/or manufactured out of state. Today, even the most routine gun cases commonly involve fingerprint and DNA testing, evidence derived from clien

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