The Sedona Conference® Webinar on ESI in the Criminal Justice System – From Initial Investigation through Trial

Wednesday, February 19, 2014 - 1:00pm to Wednesday, March 19, 2014 - 2:30pm

Part 1:    February 19, 2014
Part 2:    March 19, 2014
Time:      1:00 to 2:30 pm EST

The Sedona Conference® Webinar on

ESI in the Criminal Justice System –
From Initial Investigation through Trial

In today’s world, electronically stored information (ESI) is integral to the investigation and prosecution of all crimes, from common misdemeanors through international terrorism. At the same time, the federal and state courts are struggling to apply established constitutional principles to the acquisition and use of electronic information in criminal proceedings, and criminal defense attorneys are coping with a new world of hard drives, mobile devices, and terabytes of data.

This pair of 90-minute webinars, a first for The Sedona Conference®, address the collection, disclosure, and use of “criminal electronically stored information” from criminal investigation through trial. Attendees will learn about the use of electronic information in criminal proceedings from a distinguished faculty; be introduced to the relevant statutes, case law, and law enforcement policies; and take away practical tips on investigation, prosecution, and defense.

Part 1: Pre-Indictment Activities (Wednesday February 19, 2014)

The topics to be covered include:

The Fourth Amendment and pre-indictment investigations: Application of the specificity and particularity requirements, the imposition of ex ante conditions on warrants, and good faith in the acquisition of digital evidence

The Fifth Amendment and self-incrimination: Compelling a defendant to provide a password or access to data sources

United States v. Jones: How has this recent Supreme Court decision been applied and how might it be applied to “new” technologies? Discussion will include the two pending Supreme Court cases (Riley v. California, and United States v. Wurie) which will address the constitutionality of a warrantless search of a cell phone at the time of arrest.

Part 2: Post-Indictment Proceedings (Wednesday March 19, 2014)

Discovery and exchange of electronic information under Fed. R. Crim. P. 16 and other pre-trial mechanisms: How might the prosecution produce electronic information, what might a defendant discover, and what happens if spoliation occurs?

"Cooperation" in the prosecution and defense of crimes: What can and should prosecutors and defense counsel be doing to avoid or minimize problems?

Trial: How can electronic information be introduced into evidence under the Rules and consistent with the Confrontation Clause?

During both Part 1 and Part 2, the panel will entertain your questions live by text and telephone as time allows.

YOU NEED ONLY REGISTER FOR ONE WEBINAR, AND YOU WILL HAVE ACCESS TO BOTH, either live or via an "on demand" recording available within 48 hours of each event.

You can view system requirements here.

We do not apply for MCLE accreditation of webinars. However, attendees are welcome to apply on their own.