5th Amendment

During a DUI Stop, Are Police Required to Tell the Driver that Her Lawyer is on the Phone? (Florida v. Alyssa Abache)

During an investigation of a car crash, police moved one driver away from others, advised her that he was conducting a criminal investigation, and read her Miranda warnings. He then requested that she perform field sobriety exercises. Before beginning, however, another person “held up a cell phone, stated that [the …

1st Amendment

Applying “Old” Laws to New Technology: Smartphones, Recordings, Privacy (at FAU)

Special thanks to attorney / instructor Larry Buck for inviting me to speak to his Florida Atlantic University “Law in the Real World” honors class about my practice, particularly how we apply traditional laws to new, emerging technologies. We discussed: drone regulation First Amendment and social media (US v. Hobgood, …

4th Amendment

Can the Government Compel Your Client to Decrypt a Hard Drive?

The Fourth  & Fifth Amendments and technology continue to collide as law enforcement seeks to compel defendants to unencrypt their computer harddrives.  Can they force your client to hand over the password? We discussed a similar issue in May about whether, under the Fourth Amendment, the Government could inspect the …