Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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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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NACDL's Domestic Drone Information Center aims to be a one-stop source of cutting-edge information on the proliferation of drones inside the United States. It collects news from leading publications across the nation; features a comprehensive listing of legislative developments; and contains sections devoted to relevant case law, government documents, scholarship, upcoming events, and data on drone usage. The Domestic Drone Information Center also aggregates existing material from other websites, making it a launching pad to additional information about domestic drones on the web.
​​​​Automatic License Plate Reader (ALPR) systems are getting more sophisticated and more accessible to police. ALPRs can gather information about people and their movements, but police also use them creatively: creating associations between vehicles and identifying “suspicious” travel patterns.
This webinar from NACDL’s Fourth Amendment Center explores ALPR systems, the cases affecting law on open roads, and how to challenge this evidence in your own case.
To access this content, you will have to create an NACDL account and complete a short form. You will not have to purchase a membership.
NACDL comments to the Executive Office of the President Office of Science and Technology Policy responding to a request for information regarding the use of biometric technology.
Below are NACDL's comments on Executive Order 14074 on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety. The policing technologies at issue in the Executive Order create serious harms for individual criminal defendants, their lawyers, and the criminal legal system more broadly. In this comment, NACDL aims to highlight the serious dangers that these technologies pose and propose recommendations for mitigating those dangers.
Cell Site Simulators, also known as IMSI catchers or Stingrays, mimic cell towers and trick phones within their radius into communicating with them instead, during which they are able to collect information about the device. Using a cell site simualtor is a Fourth Amendment Search, sometimes conducted without a court order. This resource explains this technology works, their judical authorization, how to identify this evidence in a case, and how to challenge that evidence.
Law enforcement agencies use facial recognition technology (FRT) to assist in identifying unknown people—suspects, victims, witnesses, and others—captured on video or in photos. It has become a widespread investigative tool, despite issues with reliability and inconsistencies in how it is used by law enforcement. The below document explains the technology in more detail and walks through some potential arguments for attorneys challenging facial recognition evidence in their cases. If you are looking for more information, or assistance with FRT in a case, contact us at 4ac@nacdl.org.
The below primer is a fact sheet on Automatic License Plate Readers (ALPRs). This software can run on a wide variety of video streams and captures information about vehicles as they pass including the license plate number, make and model of the car, the time and location, and sometimes the occupants. The primer explains how law enforcement use this information and walks through some potential arguments for defense lawyers challenging this evidence in their cases.
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.
Attached is the testimony of Clare Garvie, Fourth Amendment Center Training and Resource Counsel, for the U.S. Commission on Human Rights' hearing on Civil Rights Implications of the Federal Use of Facial Recognition Technology. Her testimony highlights how the use of facial recognition technology in the criminal legal system intersects with the Commission’s mandate to inform civil rights policy, enhance enforcement of federal civil rights laws, and investigate discrimination in the administration of justice.
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.
Government’s Response to Defendant’s Motion for Full Discovery Regarding Surveillance
U.S. v. Mohamed Osman Mohamud 3:10-cr-00475-KI (D. Ore.)
Reply to Government’s Opposition to Defendants’ Joint Motion Pursuant to Rule 33, Fed. R. Crim. P., for a New Trial
U.S. v. Basaaly Moalin 3:10-cr-04246-JM (S.D. Cal.)
United States' Response and Opposition to Defendants' Joint Motion for New Trial
Statement of Facts and Memorandum of Points and Authorities In Support Of Joint Motion Pursuant to Rule 33, Fed. R. Crim. P., for a New Trial
Created by Joe Ferguson, Loyola University Chicago School of Law