Evidence Issues: Search and Seizure

March 15, 2023

Webinar Series
11:30 am – 4:15 pm ET
75-minute presentation, 30 minute lunch break, 105-minute presentation, 15 minute break, 60-minute presentation 

This webinar is one offering in NDAA’s 2023 Series of Evidence Trainings!

The challenges facing prosecutors, local law enforcement, and investigators in prosecutor’s offices are increasing exponentially with the use by defendants of 21st-century sources of evidence. With the variety of evidence that is collected, processed, and retained, it is essential that prosecutors and law enforcement professionals know the “ins and out” of managing traditional crime scene evidence as well as complex, electronic evidence. This training provides a comprehensive overview of the federal rules with knowledgeable faculty who are current practitioners discussing the relationship of the rules to each other and the common law.  Our goal is to not only provide fundamental topics, but also afford an opportunity to discuss emerging evidentiary issues and trends as well as techniques to anticipate and overcome current defense evidentiary challenges regarding both traditional and electronic evidence. Our faculty members will review the rules of evidence and explore how they apply to the common and not so common situations encountered by prosecutors and members of the prosecution team who are typically held responsible for the correct application of these rules.

Issues Discussed regarding Search and Seizure of Traditional Evidence
• Overview of principles of substantive fourth amendment law and exclusionary litigation focusing on reasonable searches and seizures
• Recent developments in Supreme Court juris prudence as well as points of historical confusion and misapplication
• The importance of combining principles from a variety of rulings to ensure maximum lawful admission of evidence

Issues Discussed regarding the Statutory and Constitutional Considerations of Investigation, Identification , and Collection of 21st century evidence
• The types of digital artifacts available from local devices and cyberspace
• The impact of Carpenter v. United States and how that controls law enforcement access to both locally and remotely stored data
• The types of hardware devices prosecutors and investigators should be looking for, and what programs offer protections
• Geo-filtered warrants
• Anticipating and countering typical defense objections to the seizure and introduction of digital evidence and to the state’s digital evidence expert witness.

We will round out this training with a separate lecture tackling the ethical dilemmas presented by cases involving multiple types of traditional and electronic evidence, incorporating a broad selection of ethical rules, standards, and strategy.

Our goal is to ensure that you depart this training with the techniques you need to manage these complex, technical cases with confidence and renewed passion.

Members: $300
Non-Member: $425

If you would like to become a member, please join here!

Presented by:

Justin Fitzsimmons
Associate Vice President, The National White Collar Crime Center, IL

Pishoy Yacoub
Executive Assistant District Attorney, Queens District Attorney’s Office, NY

Anticipated CLE credits: 4.00 Credits

NDAA has applied for CLE credit in Illinois, Kansas, Mississippi, Ohio, Tennessee, Texas, and Virginia based on state requirements and guidelines. All other attorneys seeking CLE credit should contact their state bar for more information. At the conclusion of the course and after completion of the electronic evaluation survey, all attendees will receive a uniform continuing education certificate that they may use to report their continuing education hours to their state bar or reporting agency. Questions regarding CLE or other continuing education credits can be directed to Senior Project Coordinator, Courtney Jan at cjan@ndaajustice.org.

All members of the prosecution team – NDAA’s mission to serve and support prosecutors and their staff. In consideration of this commitment, NDAA requires that all those in attendance of our programs currently work in or work closely with prosecution: NDAA invites prosecutors, lawyers, law enforcement officers ( local law enforcement officers as well as investigators in prosecutors’ offices) ,  and paralegals in local, state, tribal, federal and military government attorneys’ offices. If you are not sure about your eligibility, please contact training@ndaajustice.org.

Contact Director of Education and Engagement Candace Mosley at cmosley@ndaajustice.org or Training@ndaajustice.org

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