Subscribe to this list via RSS Blog posts tagged in evidence

Connecticut criminal defense attorney for digital evidenceThe Fourth Amendment to the U.S. Constitution states that all citizens have the right to be free from unreasonable searches and seizures by the government without a warrant. This provides protection against unfair tactics by prosecutors when a person is facing criminal charges. However, in the 21st century, the increased use of digital media has resulted in a slew of complexities in criminal cases. The Fourth Amendment was written to protect the privacy of American citizens, but what happens when your private digital files are no longer private to only you? In some cases, the “private search doctrine” may apply.

What Is the Private Search Doctrine?

Using the private search doctrine, once a private party (who is not involved with the government) has already done an initial search, the government can repeat that search without infringing upon the property owner’s individual Fourth Amendment rights. Basically, the private search doctrine allows the government to perform a search that is not technically a search in the Constitutional sense.

A Recent North Carolina Case Sparks Controversy

In 2014, a North Carolina woman was looking for a photograph on her boyfriend’s USB thumb drive. While she was clicking through folders and subfolders on the drive, she came across a partially-nude photo of her nine-year-old granddaughter. Upset, she stopped her search and informed her daughter of the photo. The pair took the thumb drive to the police station, where a detective began to look through the folders to find the photo the woman was referring to. While the detective was looking, he saw other photos that he thought might be child pornography. Once he found the photo of the woman’s granddaughter, he stopped his search and obtained a warrant to search the thumb drive for photos of child pornography.

...

Hartford criminal lawyer for cell phone evidenceIn today’s world, there are many technological advances that previous generations could not even dream of being possible. As the world of technology has advanced, so has the world of forensics. Advancements in technology have also allowed advancements in gathering evidence and processing that evidence for use in criminal cases. Cell phones are one such piece of technology that is used all over the world as a source of criminal evidence.

What Kind of Data Is Used as Evidence?

Cell phones -- especially smartphones -- gather, process, and store all kinds of data. From the text messages you send and receive, the photos you share, or the websites you visit, almost everything you do on your phone is stored and can be retrieved, even if you have deleted it. Some common types of data that can be retrieved from cell phones include:

...

Hartford auto accident attorney gather evidenceMost Americans rely on motor vehicles to go about their daily lives. According to the Pew Research Center, around 88 percent of American households have at least one car. While cars are one of the best inventions in modern history, they also bring with them certain dangers. The National Highway Traffic Safety Administration (NHTSA) has stated that there were more than 7.2 million police-reported traffic accidents in 2016 alone.

After a car accident, you will typically want to file a claim with the insurance company of the driver who was at fault, and it may be necessary to pursue a personal injury lawsuit to seek compensation for your injuries. Sometimes, liability is not always immediately obvious, and it is important to gather evidence that will demonstrate who was at fault for the accident. A skilled personal injury can help obtain the necessary evidence, including:

Photographs

Photos are often the most compelling pieces of evidence in a car accident liability case. Photographs are regarded as hard evidence and can showcase many aspects of an accident scene. After an accident, you should try to get photos of:

...

eyewitness, East Hartford criminal defense attorneyConsider a hypothetical scenario in which you are in line at your bank waiting for a teller to call you over. Suddenly, at one of the other teller windows, you see a person holding a gun. The person is yelling for everyone to get down and demanding that the bank employee hand over cash. You realize that there is little to be gained from arguing with a person holding a gun, so you get down on the floor and cover your head with your arms—but not before you sneak a look at the would-be robber’s face.

Now for the million-dollar question: Would you be able to accurately describe the face you saw when the police get your statement later? If you were like most people, you would probably answer the question with a resounding “yes.” If you really were like most people, however, the description you give would probably not match images taken from the bank’s security cameras as closely as you might expect, even though you reported everything exactly as you remembered it.  This is one the major weaknesses in eyewitness testimony and one of the most important things to keep in mind if anyone ever claims that they saw you commit a crime.

Child Shooting Victim in Houston

On Sunday, December 30, a 7-year-old Houston girl named Jazmine Barnes was killed when a gunman opened fire on the car in which she, her sisters, and her mother were sitting. When the mother and her surviving daughters were asked what they saw, they told police they remembered a red pickup truck being driven by a thin white man in his 30s or 40s who had a five-o’clock shadow. For several days, police in the area used the description as a basis for their investigation, but an anonymous tip started pushing investigators in a different direction.

...

Posted by on in Criminal Law

polygraph, Connecticut criminal defense attorneyFor many people, daytime television is a guilty pleasure—whether they stayed home sick from work or simply took a weekday off for once. During the midday lineup, there are several shows that rely heavily on certain types of tests. Some days, they focus on DNA testing and provide the source of the ubiquitous phrase, “You are NOT the father.” Other days, those same shows ask guests to take lie detector tests, also called polygraphs, to determine if they are being honest with their spouse or significant others.

When we watch shows like these, we realize that they are designed to entertain and keep viewers attention. Few of us actually care whether the test results were accurate. Polygraphs are often used in other applications, however, including in law enforcement and criminal cases, and some institutions continue to rely on them when scientific studies suggest they should not.

A Brief History

More than 100 years ago, a Harvard psychology student named William Marston observed an increase in his wife’s blood pressure when she “got mad or excited.” He surmised that he determine deception in her answers if he took her blood pressure while asking his wife questions. During World War I, he and others continued research on the subject, eventually adding breathing rate and skin conductance to blood pressure as points of observation. Eventually, the technique became known as a “polygraph” because it measured several things at once.

...
Logo Image 50 Founders Plaza
East Hartford, CT 06108
Phone: 860-290-8690
Fax: 860-290-8697
We are available by appointment during evening and weekend hours, if necessary.

Facebook   Twitter   Our Blog