CYB3RCRIM3
"Observations on technology, law and lawlessness."
Author: Susan Brenner is a law professor at the University of Dayton.
Blawg Related Categories: Criminal Justice • Internet Law • Science & Technology Law • Trials & Litigation • Evidence • University of Dayton • Law Professor
Recent Posts from CYB3RCRIM3
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Electronic Indictment Issues
A recent decision of the U.S. Court of Appeals for the Sixth Circuit addresses an issue I, for one, hadn’t run across before. The case is U.S. v. Simms, 2009 WL 3617543 (2009). And to…
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Evidence of Other Crimes
In a post I did earlier this year, I explained that Rule 404(b) of the Federal Rules of Evidence limits the use of a defendant’s “other crimes, wrongs, or acts” as evidence in a criminal…
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Authenticating MySpace Evidence
In an earlier post, I explained that one of the things the prosecution (or any litigant) must do to be able to introduce evidence is to “authenticate” the item to be introduced, i.e., to show…
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Juror Emails Defense Attorney
As I noted in an earlier post, courts are grappling with technology’s impact on what is called “juror misconduct.” As I explained, "juror misconduct" refers to conduct by jurors that is inconsistent with their proper…
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The Cioffi Email Search Warrant: Residual Issues
My last post was about U.S. v. Cioffi, in which a federal judge held that the search warrant issued for a suspect’s gmail account violated the 4th Amendment’s particularity requirement. The judge therefore granted the…
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Lack of Particularity in Email Search Warrant
The 4th Amendment to the U.S. Constitution requires that search warrants be based on probable cause and particularly describe “the place to be searched and the . . . things to be seized.” This post…
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Privilege and Email Strings
This post is about how the attorney-client privilege applies to emails; more precisely, it’s about how the privilege applies to a series of emails between an attorney and a client. As Wikipedia explains (and as…
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Defendant Wins on Motion to Compel
This post is about a case in which a defendant in a criminal case filed what is known as a “motion to compel.” As Wikipedia explains, a motion to compel asks a court to order…
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"Fruit of the Poisonous Tree"
As Wikipedia explains, the “fruit of the poisonous tree” is “a legal metaphor in the United States used to describe evidence gathered with the aid of information obtained illegally. The logic of the terminology is…
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Jurors Use Prosecutor's Laptop . . .
An unusual issue – or what I assume is an unusual issue – came up in Weber v. State, 971 A.2d 135 (Supreme Court of Delaware 2009). Paul Weber was charged with attempted first-degree robbery…