The “private search doctrine” is a semi-obscure corner of Fourth Amendment jurisprudence. At its base, the doctrine addresses instances in which a private actor (i.e., not a law enforcement officer) conducts a “search” and discovers some species of contraband or proof of illegal conduct. That person must then proceed to notify law enforcement and/or present them with the item in question. Law enforcement must then proceed to duplicate the private search without first obtaining a judicial warrant.
Does this happen every day? Probably not. Yet, it does happen enough to be the subject of a recent decision by the Supreme Court of New Jersey, which opinion recounts a diverse line of state and federal authority on this very issue. Continue reading Can the “private search” doctrine serve as an exception to the Federal and State of New Jersey constitutional requirement that a warrant issue in advance of a search of a private home? The Supreme Court of New Jersey’s decision in State of New Jersey v. Ricky Wright (May 19, 2015)
Audio tapes and video tapes are a frequent coin of the realm in both federal and state criminal practice. It is increasingly rare to find a major prosecution in which the government’s discovery does not now include some form of recording. There are multiple paths of varying effectiveness through which intrepid defense counsel can seek to exclude this evidence. One of the more straightforward is if the recording in question can be argued to have been incomplete in some way.
Now, one might assume that a partial recording, even if relevant, would be so inherently suspect as to preclude admission under Rule 403 of the Federal Rules of Evidence or one of its state law counterparts. But this would be a perilous assumption. Incomplete or partial tape recordings can be admitted, once authenticated and found to be trustworthy, although it can be a challenging and convoluted analysis. One such scenario was addressed last week by the Supreme Court of New Jersey in State of New Jersey v. Kingkamau Nantambu. Continue reading Can an audio tape with a two minute “gap” in it be admitted into evidence?: The Supreme Court of New Jersey encounters a claim of undue prejudice in State of New Jersey v. Kingkamau Nantambu (A-97-13, Decided April 29, 2015)
18 U.S.C. 2113 (e) has a long and venerable history, even by the storied standards of the federal criminal code. It was originally enacted in 1934 in response to “an outbreak of bank robberies committed by John Dillinger and others” Carter v. United States of America, 530 U.S. 255, 280 (2000) (Ginsburg, J., dissenting).
In addition to robbing banks, these malefactors would, logically enough, then seek to avoid apprehension. In order to do this, they would frequently pause to take hostages, thus distracting and/or hamstringing pursuing law enforcement. Continue reading Can you receive a term of life imprisonment for forcing someone to accompany you to a different room in their own house?: Justice Scalia and a unanimous Supreme Court say “yes” in Whitfield v. United States of America, (though to be fair, I should note that Mr. Whitfield had just tried to rob a bank).
The need for better cybersecurity, along with the responsibility to safeguard client and firm information from the risk of loss from cyberattack, has been the focus of considerable discussion by law firms for the past four years. While some law firms have recently awakened to this key issue, significant further work needs to be undertaken. Let’s look at the progress (or lack thereof) of law firm security over this four-year period — and four ways firms could improve both the speed and effectiveness of their cybersecurity going forward.
To read the full version of the article written by Duane Morris partner Joseph M. Burton, please visit the Law Practice Today website.
Eric Breslin, a partner with law firm Duane Morris LLP, has been appointed to the New Jersey Supreme Court Criminal Practice Committee. Breslin, a litigator in the firm’s Newark office, will serve on the committee through August 2015.
The Criminal Practice Committee reviews cases and issues referred to it by the state Supreme Court and makes recommendations regarding revisions and amendments to the New Jersey Rules Governing Criminal Practice. The rules dictate practice and procedure in all criminal proceedings in the state’s courts, including the municipal courts.
Continue reading Duane Morris Partner Eric Breslin Appointed to New Jersey Supreme Court Criminal Practice Committee
Duane Morris partner Mauro M. Wolfe has been named to the Council of Urban Professionals’ second annual list of CUP Catalysts: Change Agents 2013 | Law. The list highlights and celebrates the accomplishments of diverse leaders across the legal sector who have achieved extraordinary success in business and have made a significant impact on their community. These individuals will be recognized at CUP’s 4th Annual Lawyers Forum on October 29, 2013.
The CUP Catalysts: Change Agents 2013 | Law list comprises 15 legal professionals, between the ages of 35-50, who serve at senior levels of organizations, and who have been nominated by their colleagues and peers. For the full list of CUP Catalysts in Law, visit the Council of Urban Professionals’ website.
Duane Morris partner Eric R. Breslin will speak at the American Conference Institute’s 3rd National Forum on Securities: Litigation and Enforcement. The conference will be held on February 27, 2014 at the Grand Hyatt Washington Hotel.
ACI’s 3rd National Advanced Forum on Securities Litigation and Enforcement, is the only event in the industry where experienced in-house counsel, leading litigators, renowned jurists, and regulatory and enforcement officials from federal and state agencies will assemble in our nation’s capital to provide the highest level insights on the most current developments in the field.
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Duane Morris partner Marvin G. Pickholz has recently co-authored “Recent Federal Court Decisions Revitalize the Government’s Civil Enforcement Power Under FIRREA,” which appeared in the July/August issue of the Financial Fraud Law Report.
In its latest wave of civil actions, the Department of Justice has resurrected an old weapon to wield in a new way: the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”). Consistent with Congress’s tendency to pass ill-defined legislation and then leave it to the courts to later flush out and shape the law, FIRREA was passed in a sweeping flurry of legislation aimed at addressing a pressing issue, and then lay dormant for many years. Similar to the Foreign Corrupt Practices Act and the Racketeer Influenced and Corrupt Organizations Act, over two decades after its creation, FIRREA has now resurfaced in federal cases involving financial fraud and is likely to create more disincentives for a company or individual to litigate against the government.
Click here to read the rest of the article.
The historical location data of a given individual’s cellular telephone can be put to a startling array of uses by state and federal law enforcement. Really, it is not hard to figure out how. Cellular phones send out signals at short time intervals in order to establish the presence of a nearby cell tower and to connect to it as required. This location information is recorded and preserved by the industry’s various service providers—T-Mobile, Sprint and the like.
The police have figured it out. If one can find the cell phone; in most cases, you can find its user and/or owner.
Continue reading Does the Government Need a Search Warrant to Obtain Cell Phone Location Data?: Within the Past Month, the Fifth Circuit said “No” while the New Jersey Supreme Court said “Yes”
On 27th June 2013, the UK announced more details of new rules that would introduce Deferred Prosecution Agreements (DPAs) into the UK for corporate offences. DPAs have been the weapon of choice for US regulators when prosecuting bribery and corruption cases, and the hope is that DPAs will bring greater predictability for those wishing to settle a case with prosecutors on both sides of the Atlantic.
Continue reading Serious Fraud Office Issues Draft Code of Practice on Deferred Prosecution Agreements