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.”  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.”

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys