Criminal Discovery Archives

Google Tracking of Cellphones Used in Criminal Investigations

I have written a number of times about modern technology being used in criminal investigations, from cellphone towers tracking our phones, to Alexa and other smart home devices used to record internet searches and conversations, to security cameras used to spy on their homeowners. Recently, the New York Times and other media outlets reported that Google has the ability to track which cellphones are in the area of a crime scene at a particular time. Once law enforcement narrows down which phones they are interested in, they obtain a warrant for the particular cellphone owner’s information.

By Robert G. Stahl, Esq.|2024-08-16T11:18:30-04:00April 16th, 2019|Categories: Criminal Discovery, Criminal Investigation, Search and Seizure|0 Comments

Modern Technology Used in the Investigation of Crime

I have written before about both the good advances in technology, and the negative consequences of some of those developments. Here are a few more methods high tech methods that law enforcement uses, and occasionally misuses, in its investigations.

By Robert G. Stahl, Esq.|2024-08-15T13:39:40-04:00February 7th, 2018|Categories: Criminal Discovery, Criminal Investigation|0 Comments

Search and Seizure – Motor Vehicles

The police stop you for an alleged driving infraction – speeding, failure to stay in lane, tinted windows – and while talking with you the officer smells the odor of marijuana. The officer asks you to step out of the car, searches the car and finds drugs. You contact a criminal defense attorney to defend you and explore the possibility of a motion to suppress the search. If you are the driver of a personal vehicle or the owner, you have what is known as an expectation of privacy and “standing” to suppress the search. However, if you are a passenger of the vehicle, or the driver of a rental car that was rented by a friend or family member and you are not listed on the rental agreement, you may lack standing to challenge the search of the vehicle.

By Robert G. Stahl, Esq.|2024-08-11T19:31:08-04:00January 11th, 2018|Categories: Criminal Discovery, Criminal Investigation, Search and Seizure|Tags: Supreme Court|0 Comments

NJ Reverses Order Requiring Written Oral Defense Witness Statements

On May 2, 2017, the New Jersey Supreme Court beat back an attempt by prosecutors and a lower court judge to require a defendant to create and turn over evidence prior to trial over the defendant’s objection that doing so violated his right to remain silent. In State v. Tier, the Supreme Court clarified an issue that often causes a great deal of argument in the days leading up to criminal trials: the extent to which and in what form a defendant must provide the State with statements by witnesses who are expected to testify for the defense. In ruling for the defense, the Supreme Court provided criminal defendants with a valuable precedential opinion by which to combat overly-aggressive attempts by the State to shift the burden onto the defendant to produce evidence before trial.

By Andrew Olesnycky, Esq.|2024-08-18T17:45:52-04:00May 3rd, 2017|Categories: Criminal Discovery, Criminal Trial, Discovery, Pre-Trial Procedures|0 Comments