Among other things, the Fourth Amendment prohibits unreasonable searches and seizures by requiring a warrant “particularly describing the place to be searched, and the persons or things to be seized.” When narcotics detectives near Lakeland, Florida executed their search warrant on Michael Difalco’s home, it is doubtful the Nintendo Wii they spent hours bowling
Evidence
Content concerning the impacts of technology on evidence law.
MLB Players Get Back Their List, but What About Their Reputations?
Ray Donovan once asked the question "Which office do I go to get my reputation back?" After last week's 9th Circuit decision finding that federal investigators should not have retrieved the entire list of 2003 Major League Baseball (“MLB”) positive drug tests using a search warrants much narrower in scope, a number of MLB players are probably asking themselves the same question.
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E-Discovery: No easy solution for the inadvertent disclosure of privileged documents
Technological advancements have changed the way businesses operate and their methods of creating and maintaining business documents. More documents are created and stored than years ago and this heightens the pressures of a business faced with discovery requests. Researchers have been trying to come up with the perfect search terms to tag the appropriate documents; however, documents are still overlooked and inadvertently disclosed. Congress adopted Read more ...
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You(Tube) Be The Judge
In recent decades, technology, especially the Internet, has undeniably revolutionized the practice of law -- just as it has seemingly every other aspect of society. Still, one hallmark of law seemed safe from all the change: the deference appellate courts afford the factfinding made by lower courts. But recent activity by the Supreme Court, unquestionably the guiding light in United States legal jurisprudence, appears to shift that age-old balance in an entirely new way.
Putting Your Brain on Trial
A court in San Diego will soon be deciding whether to admit results from the newest version of lie detection. The technology, called functional magnetic resonance imaging (fMRI), detects which areas of the brain are active by measuring changes in blood flow to different regions of the brain.
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Rambus Destroys Documents, Loses Patent Infringement Lawsuit as a Result
In a recent ruling concerning Rambus’ patent infringement suit, the U.S.
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Article: Preserve or Perish; Destroy or Drown - eDiscovery Morphs into Electronic Information Management
North Carolina Journal of Law and Technology, Volume 8, Issue 1, Page 1 (December 2006)
Abstract
Electronic discovery-including the contents of e-mail messages and/or the deletion of e-mails-has driven the outcome of many high-profile cases. We live in a progressively more digital world. Thus, when disputes ripen into litigation, clients, attorneys, and judges have had to focus increasingly on preserving, gathering, culling, reviewing, and producing electronic information. The complexity of information technology (IT) and the costs of mastering IT have burgeoned. Only some eDiscovery issues are resolvable by resort to traditional discovery principles.
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Article: We Are Not a Daubert State--But What Are We? Scientific Evidence in North Carolina after Howerton
North Carolina Journal of Law and Technology, Volume 6, Issue 2, Page 289 (June 2005)
Abstract
In June of 2004, the North Carolina Supreme Court decided Howerton v. Arai Helmet, Ltd., which interpreted the standard for admitting expert testimony under Rule 702 of the North Carolina Rules of Evidence. The issue before the court was whether a North Carolina trial court's gatekeeping responsibility under Rule 702 is the same as that imposed on the federal courts by the Supreme Court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., which requires an independent preliminary assessment of whether the proffered expert testimony is both reliable and relevant.
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Recent Development: Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations)
NC JOLT Online Edition, Volume 9, Page 16 (December 2007)
Abstract
Lorraine v. Markel may have a profound impact on the world of electronic evidence admissibility for its guidance to lawyers, but in the area of computer animations and simulations, it carries a mixed message. The opinion takes a progressive approach to the unfair prejudice standard, granting broad discretion to courts to admit computer animation and simulation into evidence. However, the opinion takes a conservative approach to the treatment of computer simulations as scientific evidence.
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