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.

Healthcare privacy resources relating to the defense of pregnancy-related charges provided by NACDL for the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.

United States v. Shires, Karlosky, and Bond 1:19-cr-10043

United States v. Shires, Karlosky, and Bond 1:19-cr-10043

United States v. Shires, Karlosky, and Bond 1:19-cr-10043

Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.

Motions to suppress in U.S. v. Karlosky, et al

Powerpoint slides by Wendy Bach and Stephen Ross Johnson. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023

With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases.

Professor Wendy Bach and Dr. Mishka Terplan provide information essential for lawyers defending pregnancy-related prosecutions as well as others in the field. They discuss reproductive medicine, use of expert witnesses, and healthcare privacy and HIPAA issues in these cases.

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.

With protections in place, body cameras have the potential to better document encounters between police officers and citizens while mitigating competing concerns about their potential for misuse or abuse.

Predictive policing encompasses the surveillance technologies, tools, and methods employed to visualize crime, target “at-risk” individuals and groups, map physical locations, track digital communications, and collect data on individuals and communities.

NACDL's Fourth Amendment Advocacy Committee carefully and comprehensively studied issues concerning the current United States Postal Service Mail Covers regime following the revelations in The New York Times investigative report in connection with the 2014 U.S. Postal Service audit of the program. The concerns raised by this program and its operation fall squarely within NACDL's long history of advocating for the vitality of Americans' privacy and Fourth Amendment rights -- in the courts, in the legislatures, in executive agencies, and in the public arena. [Released April 2015]

A conversation with Pulitzer Prize winning journalists and authors of Enemies Within: Inside the NYPD's Secret Spying Unit and bin Laden's Final Plot Against America