Criminal Investigation 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.|2023-09-29T14:11:16-04:00April 16th, 2019|Criminal Discovery, Criminal Investigation, Search and Seizure|0 Comments

Everyday Technology That Spies on You – Available to Law Enforcement and Countless Unauthorized Users

Recent cases continue to reveal the advancements in technology and how they are used, both properly and improperly, to track our movements, actions and private lives. First, new cars have increasingly sophisticated technology. Roadside assistance features and other devices track our vehicles’ locations, speed and other relevant activities. Most vehicles are now equipped with Event Data Recorders, also known as a vehicle black box. Local police departments are now equipped to retrieve and analyze the black box data and use it against you in court. As of May 2018, almost all U.S. vehicles come standard with a black box installed.

By Robert G. Stahl, Esq.|2023-10-02T19:42:57-04:00January 10th, 2019|Criminal Investigation|0 Comments

What to Do When the SEC and the U.S. Attorney’s Office are Investigating You

The U.S. Securities and Exchange Commission (SEC) operates from its headquarters in Washington, D.C. and has 11 regional offices. It’s Division of Enforcement investigates cases and recommends to the Commission cases to be brought against individuals and entities. Investigations can begin through whistleblowers, news articles, referrals from other agencies, complaints from the public or data derived from market surveillance.

By Robert G. Stahl, Esq.|2021-05-25T18:13:13-04:00November 1st, 2018|Criminal Investigation, Securities Fraud|0 Comments

What Do You Do After Being Served With a Grand Jury Subpoena

A federal or state agent or detective knocks on your door at 6 a.m. and serves you with a grand jury subpoena for documents and/or testimony. Do you simply gather the documents requested and send them to the U.S. Attorney’s Office or the County Prosecutor’s Office, or do you retain experienced criminal defense counsel? If the subpoena requires testimony, what rights do you have?

By Robert G. Stahl, Esq.|2023-11-10T17:01:46-04:00October 17th, 2018|Criminal Investigation, Grand Jury Investigation|0 Comments

Rapidly Expanding Use of Smart Devices to Solve Crimes

Over the past several months I have written about the increasing use of every day technology that automatically tracks our movements and records our conversations. Cellphones ping off cell towers that give the government access to our daily movements through information stored by carriers like Verizon, AT&T and Sprint. Alexa and other smart home devices can record our conversations and keep track of our search histories. Smart phone apps and Fitbits that track movement, heart rates and other physical activity can be used to track locations, times and other physical attributes that law enforcement can access to investigate a variety of crimes.

By Robert G. Stahl, Esq.|2023-10-02T19:44:50-04:00October 4th, 2018|Criminal Investigation|0 Comments

Driving While High – There May Soon be a Breathalyzer for Pot

With the legalization of marijuana for recreational and medicinal uses across the country, police and legislators are scrambling for accurate devices that can detect a person’s impairment for driving under the influence of marijuana. Most law enforcement agencies rely on observation and specific cognitive and field balance tests by certified drug recognition experts (DRE). However, none are scientifically accurate to detect the level of impairment.

By Robert G. Stahl, Esq.|2023-10-02T20:00:56-04:00August 6th, 2018|Criminal Investigation, Drug Crimes/Trafficking|0 Comments

The U.S. Supreme Court Slowly Enters the 21st Century

Last week’s decision in Carpenter v. United States, a 5-4 decision that the government must obtain a court-authorized warrant for cell site location information (CSLI), is a small step toward recognizing privacy rights in an age of ever-expanding technology. Most people do not realize that their cell phones are capable of tracking their every movement - 24 hours a day, 7 days a week. As we move about, our cell phones ping off of the nearest cell tower. Several times a minute our cell phones contact the nearest cell tower. Our cell providers collect and store that information. Examining that information can reveal a person’s daily movements with a fair degree of accuracy, usually within hundreds of feet to a few miles. Each tower has time-stamped records for every cell phone that pinged off of it, and more specifically, which direction on the tower’s multiple receivers.

By Robert G. Stahl, Esq.|2021-05-25T18:13:50-04:00June 28th, 2018|Criminal Investigation|0 Comments

Use of Informants or “Spies” in Criminal Investigations

Headlines and tweets coming out of Washington have put a spotlight on law enforcement’s use of informants, now known in federal parlance as “confidential human sources” or CHS. Putting aside the political theater and self-serving spin of the “criminal deep state” and the planting of spies, how are informants used in every day investigations?

Using human sources (informants) to collect information is common throughout municipal, state and federal investigations. Informants are either individuals who have been charged with their own crimes and have agreed to cooperate in the hopes for reduced charges or sentence based upon that cooperation, or are people who are paid for their information and access to criminal groups or activities. The use of confidential human sources is expressly encouraged by the guidelines that cover the FBI’s behavior.

By Robert G. Stahl, Esq.|2022-06-08T21:16:49-04:00May 25th, 2018|Criminal Investigation, Search Warrants|0 Comments

What To Do If Your Teenager is Stopped With Drugs in the Car?

While most people consider themselves unlikely to become the subject of a police investigation, there is one common situation in which ordinary citizens fall under police scrutiny: the traffic stop. Police officers are trained to search for evidence of illegal activity every time they pull over a driver, whatever the reason for the stop. While the consequences for speeding, failure to maintain lane, careless driving or Driving Under the Influence (DUI) can be bad enough – carrying the possibility of loss of driving privileges, assessment of motor vehicle points and higher insurance rates – things become far more serious if the police search for and find illegal drugs in a car. Teenagers and young adults – who are presumed by police to be more likely to be in possession of illegal recreational drugs – are often the targets of such searches late at night, while driving to and from wherever it is that teenagers actually disappear to when they leave the house to “hang out with friends.”

By Andrew Olesnycky, Esq.|2023-10-02T19:24:17-04:00May 15th, 2018|Criminal Investigation, Drug Crimes/Trafficking|0 Comments

Why Defendants Cooperate or “Flip”

President Trump tweeted that Michael Cohen, his former lawyer and “fixer”, won’t flip on him. Putting aside for the moment why the President would say this if Cohen didn’t have incriminating evidence against him - because one could only “flip” on someone if they did - let’s examine why people charged with crimes cooperate with law enforcement.

By Robert G. Stahl, Esq.|2023-10-02T16:59:23-04:00April 24th, 2018|Criminal Investigation, Plea Bargaining|0 Comments