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 justice system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal justice system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal justice 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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The Tech Advisory Board is made up of defense attorneys, academics, and technologists who help ensure that Fourth Amendment case law evolves to keep pace with emerging technologies.
NACDL seeks to ensure that the Fourth Amendment remains a vibrant protection against encroachments on the privacy of the individual through litigation and public advocacy. The Fourth Amendment is the appropriate starting point for assessing the limits on government intrusion into one's privacy, and its protections must continue to thrive in the digital age.
Coalition letter to members of the Senate urging more changes to the protection of American citizens before voting on the proposed USA FREEDOM Reauthorization Act of 2020 (H.R. 6172).
Letter with the Due Process Institute to members of the Senate regarding the constitutional, privacy, and overreach issues arising in the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act of 2020 (S. 3398).
A case in the Eastern District of Virginia, United States v. Chatrie, involves a geofence warrant, which is a warrant seeking Google cellphone location data so that the police can identify individuals who were in a particular location during a defined window of time.
Coalition letter to the House Judiciary Committee regarding the need for reforms to the drafted USA FREEDOM Reauthorization Act of 2020 relating to mass and unwarranted surveillance.
It is intolerable when a detainee is arrested and confined on trumped up charges based on police fabrication of evidence. The U.S. Supreme Court, however, has granted pretrial detainees an important remedy. Manuel v. City of Joliet, Illinois held that when pretrial detention is based on police fabrication of evidence, the detainee may assert a claim for relief under 42 U.S.C. § 1983.
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.
The right to counsel must include the right to an attorney with the skill, training, and knowledge to challenge the government's evidence and to present a defense. Too often public defense attorneys lack the time and resources to attend trainings or conduct significant research on issues. To help fill those gaps, NACDL provides webinars, videos and training programs on cutting edge issues as well as on fundamental topics and trial skills.
HOW IS A CELL PHONE’S LOCATION IDENTIFIED? 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. CSLI from nearby cell towers can indicate a cell phone’s approximate location. With information from multiple cell towers, a technique called “triangulation” is used to locate a cell phone with greater precision. Cell phone location information can be “historical” or “prospective.”
Cell Site Simulator Primer.
ALPR Primer.
This event, co-sponsored by NACDL and the Berkeley Center on Law and Technology (BCLT), was held at the International House, at the University of California - Berkeley, November 29-30, 2018.
Predictive policing encompasses the various data collection tools and analytical techniques that purport to prospectively identify where criminal activity is likely to occur and the people likely to be involved.
NACDL's Fourth Amendment Center offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on the privacy 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.
