Federal Defense Attorney just sent us news of a rare acquittal in a federal Pornography (18 U.S.C. § 2252) case involving a high profile and very experienced federal agent, Special Agent John Kuchta. We have removed the defendant’s name and publish almost the entire ruling below. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDAFT. MYERS…
Continue reading ›Cell Phone Searches Tampa Criminal Defense Attorney / Lawyer continues to follow recent developments in the search of cellular telephones / cell phones. One Florida court has just ruled in a 33 page opinion that pictures in a cell phone obtained from a suspect who had been arrested were inadmissible at trial since they had been seized…
Continue reading ›Cell Phone Search | Evidence Suppressed Criminal Defense Attorney / Lawyer notes a recent Cell Phone Search ruling on a Motion to Suppress Evidence, filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Search and seizure law can apply to cell phones. Lately cops have been searching the phones and calling them a Search incident to arrest. Sometimes cops claim they…
Continue reading ›Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.…
Continue reading ›What About the Feds on Twitter? Most Twitter multimedia is handled by 3d party links. Twitter allows both public or private updates. On Twitter Direct messages are private and the sender can delete these messages. the feds noted that short URLs used to serve malicious links and code. Today we learned the feds will seek…
Continue reading ›“You may infer from the Government’s failure to preserve these messages, or the fact that they were deleted by agents, that the missing text “messages were relevant to this case and that they were favorable to both Defendant[s]” Penalties for Destruction or Spoliation of Cyber Evidence Tampa Cyber Crime Attorney just received this tip from a…
Continue reading ›Author’s Comment: Your cell phone tells police a lot about you.A Judge recently provided written testimony about about the impact of the ECPA (Electronic Communications Privacy Act — that is a law that appears to be about anything but ensuring privacy of electronic communications). Title I of the ECPA 18 U.S.C.A. § 2510 allegedly protects…
Continue reading ›“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.” Cut, Copy, and Paste Not Florida Porn Violation “child pornography has been defined in the federal statutes to specifically include composite images.” See 18…
Continue reading ›“The sanctions: Defendant to be imprisoned for up to two years, or until he paid the attorneys’ fees and costs estimated to be a “significant amount.” Spoliation of Evidence in Cybercrimes Florida Cybercrime Attorney has been researching sanctions for destruction of evidence, also known as Spoliation. The Sanctions: Defendant to Pay Attorneys’ Fees or Serve Two Years Imprisonment…
Continue reading ›Polk County State Attorney says he will pursue suspects accused of possessing, trading and, insome cases, even creating child pornography. We learned that the operation is called Operation Child Shield. State Attorney Jerry Hill, whose jurisdiction, the 10th Judicial Circuit, also covers Polk, Hardee, and Highlands counties, says “the penalty which prosecutors pursue is always…
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