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Aug 26, 2024 | 
law.com | Peter A. Crusco
Courts have long acknowledged that searches of computers and other mediums storing electronic information (ESI) often involve a degree of intrusiveness much greater in quantity and in kind from searches of other containers. So one would have expected that given that the computer has been around for several decades including the use of the ubiquitous cell phone as one’s “always at the ready” personal computer, the particularity rules for search warrants targeting ESI would be clearly defined.
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Jun 24, 2024 | 
law.com | Peter A. Crusco
Geofencing is a location-based service commercially available in which an application or other software uses GPS, RFID, Wi-Fi or cellular data to trigger a reprogrammed action when a mobile device or RFID tag enters or exits a virtual boundary set up around a geographical location, known as a geo fence. Law enforcement’s use of this methodology has been significantly increased in the last several years. The most recent high profile use in the Jan. 6 cases.
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May 21, 2024 | 
feeds.feedblitz.com | Peter A. Crusco |Andrew R. Goldenberg |Adam Levy |Brian Lee |Andrew Denney
For the last eight years or so, when they got to talking at family reunions back home in Texas, brother-and-sister attorneys Shannon Pennock and Jonathan Sneed invariably got to talking about the personal injury case they were working together up in New York—their first as co-counsel. This year, the siblings may finally have to find something else to talk about over Thanksgiving turkey. Want to continue reading?
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Apr 22, 2024 | 
law.com | Peter A. Crusco
Unless you are an aficionado of the Patriot Act (USA PATRIOT Act of 2001, Pub L 107-56, 115 US Stat 272), or routinely involved in eavesdropping litigation, (18 U.S.C. 2518, et.seq; the Stored Communications Act, 18 U.S.C.S. §2701 et seq.; United States v. Ackies, 918 F.3d 190 [1st Cir., 2019]), you probably overlooked some rather amusing and ironic legal banter on a seldom-referenced issue in a high-profile case.
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Feb 26, 2024 | 
law.com | Peter A. Crusco
A frequently cited fundamental principle of federal sentencing is that courts must consider both the offense and the offender when imposing judgment. Section 18 U.S.C. §3553(a) directs sentencing courts to consider “the nature and circumstances of the offense and the history and characteristics of the defendant.” Per Pepper v.
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Dec 22, 2023 | 
law.com | Peter A. Crusco
If you do a lot of business with financial institutions, banks and law firms, you are probably routinely warned about the risks of wire transfers. These warnings appear like drum beats especially during the holiday season because transfers significantly multiply at this time. The hackers, or “cyber fraudsters”, most assuredly also know this and their creative juices and endeavors also increase in multiples.
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Oct 26, 2023 | 
propertycasualty360.com | Peter A. Crusco
Credit: JustSuper/Adobe StockWith the recent Pearl Harbor–like surprise attack on Israel and Hamas’ declaration broadcast over various social media platforms of “a day of Jihad” on its enemies on Oct. 13, 2023—including the United States—it is foreseeable that law enforcement agencies nationwide will coordinate their focus on so-called “dark forums” to track threats to the public and bad actors.
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Oct 23, 2023 | 
feeds.feedblitz.com | Brian Lee |Peter A. Crusco |Charles Toutant |Jane Wester
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
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Oct 23, 2023 | 
law.com | Peter A. Crusco
With the recent Pearl Harbor–like surprise attack on Israel and Hamas’ declaration broadcast over various social media platforms of “a day of Jihad” on its enemies on Oct. 13, 2023—including the United States—it is foreseeable that law enforcement agencies nationwide will coordinate their focus on so-called “dark forums” to track threats to the public and bad actors.
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Aug 21, 2023 | 
law.com | Peter A. Crusco
One of the key devices in the criminal defense attorney’s tool bag is the suppression motion based upon the Fourth Amendment to the United States Constitution. The Fourth Amendment’s Warrant clause provides that “…no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (emphasis supplied). U.S. Const. Amend. IV; See also New York Constitution, Art. I ’12; C.P.L. Art. 690.
