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search-and-seizure Archives

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

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in GPS, Warrant, Search and Seizure, Privacy, Spying on Thursday, January 10, 2019

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.

Tags: GPS, Warrant, Search and Seizure, Privacy, Spying

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, Fourth Amendment, Search and Seizure, Privacy, Spying 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, Fourth Amendment, Search and Seizure, Privacy, Spying

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

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

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

Warrant to Search Places or To Electronically Intercept Communications - What's Required?

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Wiretap, Search and Seizure, FISA Warrant, Warrant, Federal Investigation, Federal Law Enforcement, Criminal Investigation, Spying, Privacy on Monday, February 5, 2018

Much has been written and tweeted about this past week concerning this topic. Politics aside for the moment, what does the government need to demonstrate to a court that a place should be searched, or a person’s phone calls should be intercepted?

Tags: Wiretap, Search and Seizure, FISA Warrant, Warrant, Federal Investigation, Federal Law Enforcement, Criminal Investigation, Spying, Privacy

Search and Seizure - Motor Vehicles

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Charges, Indictment, Complaint, Constitutional Law, Criminal Law, Travel, seizure, Witness, Criminal Discovery, Evidence, Criminal Investigation, Supreme Court, Search and Seizure on Thursday, January 11, 2018

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.

Tags: Charges, Indictment, Complaint, Constitutional Law, Criminal Law, Travel, seizure, Witness, Criminal Discovery, Evidence, Criminal Investigation, Supreme Court, Search and Seizure

Alexa, Siri, Cortana – Are you Recording Me?

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

Wearable Technology Used in Criminal Investigations to Solve Crimes

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

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