Electronic Information in Criminal Investigations & Proceedings, Part I: Constitutional Issues

Electronic information is now a common feature in the investigation, prosecution, and defense of criminal cases. Many types of electronic information raise issues under the Fourth and Fifth Amendment that have been addressed by the United States Supreme Court as well as other federal and state courts throughout the Nation, and some which have yet to be decided. This presentation will address these constitutional issues and suggest strategies that may be useful to both prosecutors and defense counsel in criminal cases.

The program is taught by Ronald Hedges, a Dentons Senior Counsel with extensive e-discovery experience, Elizabeth Roper, the Deputy Chief of New York County's District Attorney's Cybercrimes and Identity Theft Bureau, and Jay Shapiro, a former prosecutor, litigator, and investigator with White and Williams LLP. 

Learning Objectives:

1. Review how the Warrant Requirement of the Fourth Amendment and analogous state constitutions apply to the seizure and search of electronic information
2. Discuss whether the Fifth Amendment privilege against self-incrimination may bar the compelled disclosure of biometric identifiers or passwords
3. Identify the constitutional issues around electronic information in criminal cases that have already been decided by the Supreme Court, and issues which are as yet unclear