Date

October 17, 2022

Event

Criminal Case Law Update - Developments in Cyber and Digital Evidence

Faculty

Casey Silvia, Chief Staff Attorney, Massachusetts Appeals Court

Jamie Charles, Search Warrant Team Captain and Senior Appellate Counsel, Middlesex District Attorney’s Office

Gabriel Pell, Assistant Professor, New York School of Law

Description

In recent years, digital evidence has become an increasingly important part of many criminal investigations, prosecutions, trials, and appeals, and the law in this area has been rapidly developing. It is essential for criminal practitioners to understand the technology at issue and the law as applied to that technology. This program will provide both a basic background in 4thAmendment law as applied in cases involving digital and cyber evidence, and an update of recent case law in the area. Join our panel of experts as they share their knowledge on this developing area of the law. Topics covered include:

• The background of the 4thAmendment as it relates to search and seizure of digital devices
• Particularity, nexus, and plain view as applied to cellular phones and other digital devices
• The development of the “Mosaic Theory” in Massachusetts
• Reasonable expectation of privacy in content shared with third parties
• Admissibility of digital evidence in criminal trials
• What’s next in cyber law: issues that may arise in the future