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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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This training program will aid those working to defend persons accused of homicide in drug-related overdose deaths. Each section of the program focuses on a different aspect of these cases. CLE is not available for this program.
Forensic Computer Experts Larry Daniel, Lars Daniel, and Jake Green from Envista Forensics cover child pornography cases and how experts can help you win your case. Topics include issues related to common social media platforms in child pornography cases, such as Omegle, Discord, Whisper, and Kik, the FBI’s use of undercover covert employees, discovery issues that can turn cases around, and how an expert can help reduce that production case into receipt or possession.
This page contains materials and information related to cell phones.
Subject matter experts and litigators from NACDL’s Fourth Amendment Center explain and discuss some of the important digital technology issues that defense counsel will very likely encounter in these cases. The faculty focus on reverse searches, facial recognition, and device searches.
A cell phone’s location can be detected through cell site location information (CSLI) or global positioning system (GPS) data. CSLI refers to the information collected as a cell phone identifies its location to nearby cell towers.
In recent years, the government has increasingly turned to hacking as an investigative technique. Specifically, the Federal Bureau of Investigation (“FBI”) has begun deploying malware: software designed to infiltrate and control, disable, or surveil a computer’s use and activity.
White collar lawyers must weigh various considerations in determining how to obtain mobile phone data or limit the government’s access to data. When can the government compel a client to provide the passcode to a mobile device? What is the significance of whether an executive’s mobile phone is owned by the executive or the corporation? This article provides tips about obtaining, protecting, preserving, and reviewing data on mobile phones.
Geofence warrants, a type of reverse search warrant, compel companies, like Google, to turn over substantial information about devices interacting with their technology within a particular geographic region. For this reason, geofence warrants mark an unprecedented increase in the government's ability to locate individuals without investigation. This primer will show you how geofence warrants are constructed and outline strategies to challenge these warrants when they appear in criminal cases.
Defense lawyers increasingly are dealing with cellphones and location issues. Per Call Measurement Data files provide an estimate of the location of a cellphone. (Call Detail Record files, on the other hand, provide the location of the cell tower that served a call.) Richard Miletic explains the technology used, the error rate, and the basis to exclude PCMD under Daubert.
Richard Miletic discusses the types of data that can be extracted from a cellphone (including call history and accessed Wi-Fi networks) and from cloud accounts (including texts, emails, and location history). In addition, he lists the data stored by phone companies (location of serving cell tower and estimation of target phone location).
Coalition letter to the House Judiciary Committee regarding the need for reforms to the drafted USA FREEDOM Reauthorization Act of 2020 relating to mass and unwarranted surveillance.
Example Subpoena Language for Call Detail Records.
Digital Forensics Guide Cell Phone Location and Tracking Forensics.
6th Annual Post-Conviction Conference
US District Court Eastern District of New York: United States of America v. Johannes