Electronic Information and Crimes: Protecting Defendants and Protecting Rights

Electronic information is a common element in criminal investigations and prosecutions. The search for–and review of–that information presents various issues under the Fourth, Fifth, and Sixth Amendments. Electronic information also presents challenges for discovery and admissibility. This briefing will examine these issues and challenges.

Topics to be addressed:

·       The First Amendment and electronic “true threats”

·       The Fourth Amendment and geofencing

·       The Fifth Amendment split on self-incrimination and compelling access to devices

·       The Sixth Amendment right to effective assistance and the use of generative artificial intelligence

·       Discovery and admissibility of electronic information