Webinar on ESI in the Criminal Justice System – From Pre-Indictment Investigation to Trial 2015

Part 1:    March 5, 2015 Part 2:    March 26, 2015 Time:     1:00 to 2:30 pm EST The Sedona Conference Webinar on ESI in the Criminal Justice System – From Pre-Indictment Investigation to Trial In today’s world, electronically stored information (ESI) is integral to the investigation and prosecution of all crimes, from common misdemeanors through international terrorism. At the same time, the federal and state courts are struggling to apply established constitutional principles to the acquisition and use of electronic information in criminal proceedings, and criminal defense attorneys are coping with a new world of hard drives, mobile devices, and terabytes of data. This pair of 90-minute webinars address the collection, disclosure, and use of “criminal electronically stored information” from initial investigation through trial. Attendees will learn about the use of electronic information in criminal proceedings from a distinguished faculty; be introduced to the relevant statutes, case law, and law enforcement policies; and take away practical tips on investigation, prosecution, and defense. Part 1: Pre-Indictment Activities (Thursday March 5, 2015) The topics to be covered include: The 4th Amendment and the “reasonable expectation of privacy” in a digital world Surveillance and collection of evidence from social media Riley v. California – the constitutionality of a warrantless search of a cell phone at the time of arrest Search warrants for ESI under Federal Rule of Criminal Procedure Rule 41 Ex ante conditions on search warrants Part 2: Post-Indictment Activities (Thursday March 26, 2015) 5th Amendment protections against self-incrimination by compelled disclosure of passwords and decryption codes Discovery and exchange of ESI Rule 16 and production issues The “JETWG” protocols The ethical constraints on Coordinating Defense Attorneys (CDAs) Authentication and admission of digital evidence During both Part 1 and Part 2, the panel will address your live text questions. YOU NEED ONLY REGISTER FOR ONE WEBINAR, AND YOU WILL HAVE ACCESS TO BOTH, either live or via an "on demand" recording available within 48 hours of each event. You can view system requirements here. We do not apply for MCLE accreditation of webinars. However, attendees are welcome to apply on their own.