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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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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.
In the post-Dobbs landscape, states are criminalizing reproductive health in a variety of ways. Law enforcement will likely reach for digital surveillance tools in these cases and defenders will need to know how to counter that evidence. NACDL's Criminalization of Reproductive Health Taskforce and 4th Amendment Center researched categories of pregnancy criminalization, connected them to types of surveillance that law enforcement might use, and connected those to resources. Some tools show up several times on this page, which speaks to the omnipresence of these types of surveillance.
Race Data Matters: Using Expert Testimony and Social Science Data about Discriminatory Policing to Win Pretrial Motions: Part I presented by Rahsaan D. Hall, Director, Racial Justice Program, American Civil Liberties Union of Massachusetts
Race Matters I: The Impact of Race on Criminal Justice September 14-15, 2017 | Detroit, MI
Race Data Matters: Using Expert Testimony and Social Science Data about Discriminatory Policing to Win Pretrial Motions: Part II presented by Alison Siegler, Clinical Law Professor, University of Chicago Law School
Law enforcement has increasingly turned to Google to identify criminal suspects by using digital dragnets that search millions or billions of people at once.
22nd Annual State Criminal Justice Network Conference August 16-17, 2023 | Held Virtually
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.
Gain a better understanding of the issues and the science surrounding pregnancy-related prosecutions from criminal defense, medical, and reproductive justice experts.
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.
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.
This comment from the Fourth Amendment Center addresses the National Institute of Standards and Technology's report "Digital Investigation Techniques: A Scientific Foundation Review."
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.
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.
NACDL adopts a report and recommendations on law enforcement searches of digital evidence.
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.
