BLOG BULLETS Onsite computer searches aren’t necessarily as difficult as experts claim. Onsite computer searches are getting easier and some day in the not too distant future may be the norm. Some search warrants even now require at least a good faith effort to conduct an initial search onsite. NOW THE BLOG: In my last […]
Read/Write CommentsBLOG BULLETS: Computer searches are a brave new world where the courts and law enforcement are still trying to figure it out. The courts have given leeway for computer searches due to their complexity, but recognized that may change as technology improves and changes. Check for use of a search protocol reasonably aimed at finding […]
Read/Write CommentsBLOG BULLETS Defense counsel and experts aren’t entitled to a copy of the child pornorgraphy on a seized computer. Defense counsel and experts are entitled to a copy of everything else on a seized computer. Seek a redacted hard drive; it can help a lot with trial preparation and might even help your […]
Read/Write CommentsBLOG BULLETS: Little things in a translation can make a big difference. Translations by an intermediary agent are admissible non-hearsay only if the agent is sufficiently skilled in the foreign language. Subpoena the intermediary agent translator to produce voice exemplars in the foreign language so you can analyze his or her language skill. NOW THE […]
Read/Write CommentsBLOG BULLETS: Brady applies to sentencing mitigation evidence, not just trial evidence. The government often forgets this, so remind them, and if they disagree, remind the court. And make them apply the Judge Pregerson Sudikoffstandard approved by the Ninth Circuit, not the appellate standard for reversal. NOW THE BLOG: I thought I’d add another blog […]
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