Law enforcement's tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for "surveillance fees." That smartphone in a client's pocket may be able to determine a suspect's location, trace phone calls and texts or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as"the virtual biographer of our daily activities" and yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these "virtual biographers."

These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

The following sessions were recorded and are available for viewing:

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices

Speaker Information

Jack Cunha   [ view bio ]

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