Tag criminal

Push Notifications: The Latest Law Enforcement Evidence Source and Data Privacy Battleground

Push Notifications: The Latest Law Enforcement Evidence Source and Data Privacy Battleground

[EDRM Editor’s Note: EDRM is happy to amplify our Trusted Partners news and events. The opinions and positions are those of Doug Austin..] Hat tip to Debbie Reynolds for the heads up on this story! More than 130 petitions seeking access to push…

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Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video by Michael Berman

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication…

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Text Messages Used to Support Conviction: Prejudice Did Not Outweigh Probative Value

Text Messages Used to Support Conviction: Prejudice Did Not Outweigh Probative Value

In Francois v. State, 2023 WL 8265659, at *1 (Apl. Ct. Md. Nov. 30, 2023), the defendant was charged with various offenses that included possession of a firearm and ammunition after a disqualifying conviction.  On appeal, the defendant challenged the lower court’s admission of text messages relating to otherwise lawful trips to a shooting range.  The Appellate Court of Maryland affirmed.  In doing so, the Court noted that all admissible evidence is prejudicial and it defined when it is unfairly prejudicial. Michael Berman analyzes this case.
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Discovery of Expunged Criminal Records in Overlapping Civil Lawsuit by Mike Berman

Discovery of Expunged Criminal Records in Overlapping Civil Lawsuit

In In re Expungement Petition of Franics A., 2023 WL 5948060 (Appellate Ct. of MD Sept. 13, 2023)(unreported), the intermediate appellate court resolved a novel discovery issue.  The Appellate Court affirmed a decision that good cause had been shown to open, review, and disclose information contained in Francis A’s expunged criminal records. Just as “deleted is not deleted” in the world of ESI forensics, “expunged” is not always “expunged.”  If there is “good cause,” expunged records may be discoverable, and “good cause” is a flexible concept.
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Examining a leaked crimiinal waarrant for iCloud data in a high profile case-Part 3 by Ralph Losey

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much More – Part Three This article is Part Three…

Read MoreExamining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3
xamining-a-Leaked-Criminal-Warrant for Apple iCloud Data on a High Profile Case-–-Part Two Ralph Losey-

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part Two

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much More – Part Two This article is Part Two…

Read MoreExamining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part Two