Federal Defense Attorney on Search and Seizure of Electronic Devices

Tampa Federal Criminal Defense Attorney has reviewed Government policies on Search and Seizure of Electronic Devices at borders. The U.S. Department of Homeland Security’s (DHS) policy is to treat computers, laptops, and other electronic devices like suitcases and backpacks in terms of border searches. It appears under current DHS policy, Customs and Border Protection (CBP) agents believe they are not required to provide justification or a reason for these electronic searches.

In a response to a recent Freedom of Information Act (FOIA) request, CBP disclosed the following: Electronic devices that were searched included laptops, USB thumb drives, hard drives, cell phones, digital cameras, and even DVD disks . From October 2008 through June 2009, CBP officials searched over 1,500 electronic devices belonging to travelers.

Cell phones were the most often searched and seized devices between October 2008 and June 2009. From July 2008 to June 2009, and Border Protection (CBP) transferred electronic files found on travelers’ devices to third-party agencies almost 300 times. More than 80 percent of the transfers involved the CBP making copies of travelers’ files. Over half the time, these unknown agencies asserted independent bases for retaining or seizing the transferred files.

As a defense attorney, it appears that the best strategy when traveling is to leave electronic devices at home.

Border Search? Tell Me Your Story Toll Free 1-877-793-9290. Sources: http://www.informationweek.com/news/government/security/showArticle.jhtml?articleID=219500468 http://www.nefafoundation.org/miscellaneous/FeaturedDocs/DHS_ForeignTravelThreatAssessment.pdf http://www.aclu.org/print/national-security/customs-and-border-protection-cbp-first-production-documents Federal Defense Attorney on Search and Seizure of Electronic Devices

Computer Search Warrant Tampa - Overbroad

Tampa Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. , noted a recent case decided on the scope of search warrants issued in computer cases. Wired magazine noted:

"A divided 11-judge federal appeals court panel has dramatically narrowed the government’s search-and-seizure powers in the digital age, ruling Wednesday that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10."

The Court suggested that during a computer’s hard drive search, data should be culled to include the specific data described in the search warrant. The entire hard drive should not be subject to a wholesale review. When the entire drive is seized, an independent third party should review the data. The information should be limited by the Court. The term "filter teams" has been used to refer to the third party who review data seized by a search warrant.

The Appeals Court stated that the judge reviewing the search warrant application should “deny the warrant altogether” if the government does not agree to a third-party review in cases where data will be searched.

Has your data been the subject of a Search Warrant? We can help. Call Toll Free 1-877-793-9290 .

Source: wired.com/threatlevel/2009/08/privacyboost/

Computer Search Warrant Tampa - Overbroad

Tampa Federal Criminal Defense Attorney on eMail and Subpoenas

Tampa Federal Criminal Defense Attorney notes that one court just held a Search Warrant for eMail was unnecessary, where a federal subpoena was issued. The federal Judge ruled that an Internet Service Provider must comply with the Government subpoena for E-Mail. In this cybercrime prosecution, the Government had subpoenaed the Internet service provider (ISP) and sought the contents of electronic communications. The subpoena requested previously opened or sent e-mail that belonged to the defendant.

The ISP failed to produce e-mails that had been stored for fewer than 181 days, the Government filed a motion to compel production of the e-mails' content. The ISP claimed the information sought required a search warrant. The Court ruled that the Stored Communications Act (SCA), required the ISP to comply with the Government's subpoena if the e-mails are held or maintained solely to provide the customer storage or computer processing services.

The court further ruled that previously opened e-mails stored by the ISP for web-based e-mail systems—as distinguished from other e-mail systems—are not in "electronic storage," which is defined by the Wiretap Act as storage incidental to electronic transmission and for the purposes of backup protection of the e-mail. Based on this finding, the court ordered the ISP to comply fully with the Government's subpoena.

When Federal Subpoenas are issued, we can help. Tell me your story Toll Free 1-877-793-9290 .



Tampa Federal Criminal Defense Attorney Subpoena eMail

Source: United States v. Weaver, 2009 WL 2163478 (C.D. Ill. July 15, 2009).

Tampa Federal Criminal Defense Attorney Listens in Florida

Tampa Federal Criminal Defense Attorney writes, "We Can Help in Federal Court, we can provide solutions. Tell us your story." Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary practices extensively in the Federal Court in the Middle District of Florida.

If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. They are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email.

Stop Worrying. Call us today at 1-877-793-9290 for a free initial consultation.

Florida Mortgage Fraud Attorney Notes Filings Skyrocket

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Tampa Federal Criminal Defense Attorney noted a CNBC report that Florida Mortgage Fraud Filings are Skyrocketing. Fraud is "rampant and getting bigger by the day." 1.4 billion in losses are reported. New filings are to top 70,000 cases nationally.

Stop Worrying, Call for Help Today. Toll Free 1-877-793-9290.

Florida Mortgage Fraud Attorney

Tampa Federal Criminal Defense Attorney on Juror Misconduct

Tampa Federal Criminal Defense Attorney W.F. ''Casey'' Ebsary, Jr. , notes that the New York Times has uncovered a rash of mistrials resulting from jurors using technology during voir dire (jury selection) and throughout the trial and deliberations.

During a federal drug trial in Florida a juror admitted that he had been doing research on the case on the Internet The judge had instructed the jury not to rely on evidence not presented in court. The other eight jurors had been doing the same thing. The judge declared a mistrial- pulling the plug on an eight-week trial.

The complete story is available here.

Tampa Federal Criminal Defense Attorney on Juror Misconduct