Criminal ESI: Electronic Info in Criminal Investigations

Electronic information is everywhere. At the same time, volumes and varieties of that information seem to grow exponentially. Unsurprisingly, electronic information is now a common feature in the commission, investigation, and prosecution of crimes. This program will address how the criminal justice system approaches electronic information. 

Electronic information raises issues involving the Warrant and Particularity requirements of the Fourth Amendment and corresponding protections under New York law. Compelling access to encrypted electronic information raises issues of self-incrimination under the Fifth Amendment. Electronic information also leads to disputes about preservation and spoliation by law enforcement and “cooperation” during discovery, admissibility, as well competence of counsel under the Sixth Amendment.

Program Chair

Ronald J. Hedges, Esq., Senior Counsel, Dentons US LLP, New York NY

Program Faculty

Joseph V. DeMarco, Esq., Partner, DeVore & DeMarco, New York, NY   

Brenda Fischer, Esq., Assistant District Attorney, Chief of Cybercrime and Identity Theft Bureau, New York County District Attorney's Office, New York, NY

Thomas J. Hibarger, Esq., Stroz Friedberg

Hon. John M. Leventhal, Appellate Division, Second Judicial Dept., Brooklyn, NY