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.

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.

The next installment of NACDL's Engage & Exchange Video Discussion Series–Digital Forensics in Child Exploitation Cases, covering child pornography cases and how experts can help you win your case. The webinar featured Forensic Computer Experts Larry Daniel, Lars Daniel, and Jake Green from Envista Forensics.

(Pre-Search Instructions and Post-Search Reasonableness)

A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison [Released July 2014]

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 2016]

Federal laws protecting individual privacy rights in electronic communications have not been meaningfully updated in over 25 years, even though many of today’s technologies were not even conceived of when Congress considered the legislation and when the Supreme Court created the “Third Party Doctrine.” This white paper discusses the current status of the law and concludes with recommendations for reform. [Released February 2012]

for Criminal Defendants

Wholesale destruction of communications evidence on agents’ cellphones and elsewhere is something that criminal defendants and their lawyers face with shocking regularity.

This comment from the Fourth Amendment Center addresses the National Institute of Standards and Technology's report "Digital Investigation Techniques: A Scientific Foundation Review."

2012

NACDL adopts a report and recommendations on law enforcement searches of digital evidence.

NACDL is writing to offer its qualified support for the Manager’s Substitute Amendment to the Email Privacy Act (H.R. 699). As amended, the Act updates the Electronic Communications Privacy Act (ECPA), the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.”

NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.

A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act  By Jumana Musa, Sr. Privacy and National Security Counsel at the National Association of Criminal Defense Lawyers 

Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs and Border Protection (CBP) has applied that logic to digital devices. NACDL members are uniquely exposed to abuse in this context: digita

S. AMANDA MARSHALL, OSB #95347 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #99298 PAMALA R. HOLSINGER, OSB #89263 Assistant United States Attorneys ethan.knight@usdoj.gov pamala.holsinger@usdoj.gov 1000 SW Third, Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1000 Facsimile: (503) 727-1117 JO