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fourth-amendment Archives

Rapidly Expanding Use of Smart Devices to Solve Crimes

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment on Thursday, October 4, 2018

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.

Tags: Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment

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

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Supreme Court, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights on Thursday, June 28, 2018

Tags: Criminal Defense, Supreme Court, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights

Alexa, Siri, Cortana – Are you Recording Me?

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Privacy, Spying, cellphone, Recording, Search and Seizure, Cell tower, Fourth Amendment on Wednesday, October 18, 2017

With the advent of “smart homes and devices,” we are now in a world once only imagined in science fiction. Our phones now track our every move, contain our internet search histories and record vast portions of our lives through photos, texts, and encrypted messages.  Home security devices and cameras record not only strangers coming to your home, but also you and your invited guests.  Baby monitors, smart kitchen devices like refrigerators, and home devices like Amazon’s Echo, are always on and potentially recording or transmitting.  And therein lies the problem. 

Anything attached to the internet – the Internet of Things – can be hacked, intercepted or legitimately recorded.  Since these devices are in the privacy of our own homes or businesses, they have the ability to capture our most intimate and private conversations and actions.

Tags: Criminal Defense, Privacy, Spying, cellphone, Recording, Search and Seizure, Cell tower, Fourth Amendment

Wearable Technology Used in Criminal Investigations to Solve Crimes

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights on Wednesday, April 26, 2017

Fitbit Data Leads to Husband Charged with Wife’s Murder

Technology has advanced the ease and quality of life immeasurably. Smart phones are handheld computers that can surf the internet; deliver emails, texts and phone calls; take videos and pictures; make dinner reservations and track your every movement through various apps. Our cars can almost drive themselves with lane change warnings; infrared cameras; heads-up displays, cruise control with radar; event data recorders that record speed, braking and seatbelt use; and GPS tracking in case the car is stolen. Home security cameras, Amazon Echo, smart TV, smart appliances and the like can all be controlled remotely through the internet. A variety of devices that are small and comfortable enough to wear, such as Fitbits, iWatches and the like can track our movements, heart rates, calories burned, number of steps and location.

Tags: Criminal Defense, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights

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