Washington, DC (November 29, 2012) – Earlier today, the U.S. Senate Judiciary Committee adopted H.R. 2471 with Senator Patrick Leahy’s undiluted amendment requiring a warrant for law enforcement to access electronic communications stored by a third-party provider. NACDL has worked, and will continue to work, tirelessly to make this requirement the law of the land.
“In the 18th century, when the Fourth Amendment was adopted, people did not store their private information or communicate their personal thoughts through digital technology,” said NACDL President Steven D. Benjamin. “Today's email and cloud storage are yesterday's letters and home files. This legislation protects the fundamental freedom of privacy that is the heart of the Fourth Amendment. It gives clear guidance to law enforcement of the boundaries and steps for obtaining our most private communications.”
In a letter to Senators Patrick Leahy and Charles Grassley, the Chair and Ranking Member respectively of the United States Senate Judiciary Committee, 30 former prosecutors and judges weighed in on November 21 in support of Senator Leahy’s amendment. NACDL organized this effort to ensure that the Senate Judiciary Committee was aware of the breadth of support across the legal community for the Senator Leahy’s amendment. Currently, and shockingly to many Americans, there is no statutory warrant requirement for the government to access electronic communications stored by a third-party provider so long as the communication is more than 180 days old.
A complete copy of the letter is available here.
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.
Ivan J. Dominguez, Director of Public Affairs and Communications, (202) 465-7662 or firstname.lastname@example.org.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.