To identify criminal suspects, law enforcement officers are turning increasingly to reverse search warrants, such as geofence warrants and keyword search warrants. This trend presents novel challenges to the Fourth Amendment and privacy rights in the United States. 

The U.S. government launders the original source of evidence in criminal cases in a practice known as “parallel construction.” In order to keep certain investigative activity hidden, agents simply arrange for an alternate evidentiary path. This practice allows the government to obscure secret surveillance technologies and programs or potentially illegal investigative methods from those accused in criminal cases, and the public at large. This webinar will educate members of the defense community about the practice of "parallel construction" and prepare them to fight it in the courtroom.

In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.

In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.

Presented by: Colin Fieman Assistant Federal Public Defender, Tacoma, WA; and Paul Ohm, Professor of Law, Georgetown University Law Center

This webinar was supported in part by Grant No. 2013-MU-BX-K014 awarded by the Bureau of Justice Assistance.

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.

On behalf of NACDL, I urge you to pass the bipartisan Effective Assistance of Counsel in the Digital Era Act, H.R. 546/S. 3524, before the 117th Congress adjourns. The bill ensures that email communications between people in Federal Bureau of Prisons custody and their legal teams are protected with the same privilege as legal visits, letters, and phone calls. This legislation passed in the House with overwhelming bipartisan support in a 414-11 vote. The action by the House and bipartisan sponsorship for the Senate bill indicates a high level of support for this common-sense reform.

Digital data and privacy resources relating to the criminalization of pregnancy and reproductive health.

NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to 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.

Below, find reports published by NACDL's Fourth Amendment Center.

Modern technology used by the police (including drones and mobile device forensic tools) and ever-changing drug laws make suppression hearings more challenging for the defense team. Advocates must invoke the Fourth Amendment in a world much different from the one in which the amendment was drafted. The defense attorney must create a well-developed record in support of a client’s claims. One method of developing the record is the use of experts to explain changing science and technology.

The open fields doctrine is an exception to the Fourth Amendment prohibition on unreasonable searches, not seizures. While police officers can lawfully search a person’s property under the open fields doctrine, that doctrine does not speak to whether they can seize items they see.

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.

NACDL's Fourth Amendment Center offers direct assistance to defense lawyers handling cases involving new surveillance tools, technologies and tactics that infringe on the constitutional rights of people in America. The Center is available to help members of the defense bar in bringing new Fourth Amendment challenges, providing a range of support: from training and resources to expert consultation and direct litigation, all free of charge.

Cellphone companies keep records of activity on their networks, including the calls, texts, data, and cell sites used for each call. Was the cellphone associated with the defendant in the area when the crime was committed? Knowing where the defendant was at a particular time is an essential piece of evidence that can paint a picture of innocence. When the prosecution produces a map to tie a cellphone to a location, what should the defense team look for when analyzing the map?