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.

To help defenders understand the law, the science, and the messaging underlying these prosecutions, NACDL is offering a FREE, on-demand training videos on Defending Drug Overdose Homicides.

Funded by a grant from Vital Strategies, a public health organization committed to building community oriented, science-backed solutions which promote a sustained reduction in overdose deaths, this on-demand training content is designed to educate and empower defenders to tackle these challenging and difficult cases.

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.

When law enforcement officers have a warrant to search a phone or digital device that they cannot access or decrypt, they may turn to the courts to compel the device’s purported owner to enter or produce the decryption key – typically a passcode, fingerprint, or faceprint. Case law on “compelled decryption” is sparse. Michael Price and Zach Simonetti address the technology behind encryption, describe the current state of the law, and suggest strategies for any lawyer seeking to challenge a compelled decryption order.