Wednesday, April 28, 2010

New I-Phone Found after Lost In Bar-House of Finder Searched


There are rumors that an I-phone was found in California in a bar. The phone was allegedly disguised as a regular 3-G I-Phone but has new features like a front camera, new operating system, improved housing, and most significantly, a micro-SIM card. As the story goes, a developer was out drinking in a bar near Apple's campus and left it in the bar. Another guy picked it up, realized what it was and Gizmodo bought it. Videos and information available from Gizmodo. Apple allegedly remotely wiped the phone using mobile me technology and the lucky "finder" was served with a search warrant where computer equipment was seized.

More from Fourth Amendment.com

To consider some of the ethical dilemma involved between Apple wishing to keep their products under wraps and the freedom of the press in exposing the new product check out this excerpt from Los Angeles Times (full article here):
[i]n said beer garden, the young software engineer loses a top-secret prototype of a next-generation iPhone. A stranger finds the phone. The stranger sells the phone to a tech blogger for $5,000. And the blogger posts his assessment of the new (and possibly improved, though that's not so clear) iPhone.

Now here comes the neat punch line … only there isn't one, because now the tech blog Gizmodo.com's story about how it obtained the missing iPhone has turned into a giant kerfuffle. Pitted against each other in this expose-that-doesn't-expose-that-much are Apple Inc., with its imperative of maintaining its property and trade secrets, and Gawker Media, parent of Gizmodo, with its imperative of exploring a company and a product of great public interest.


So who deserves our support: condescending and self-congratulatory Gawker or controlling and obsessively secretive Apple? It's a calculation made all the harder because the new media outlet introduced the oft-corrupting dollar into the journalism equation.

Still, what one (business)man sees as receiving stolen property, another man sees as a robust expansion of freedom of information. We're all the better off when the law bends toward support of the latter, even if it tends to forgive the former.

Supreme Court Justice John Paul Stevens wrote in a 2001 majority opinion (in Bartnicki v. Vopper) that a radio host could not be held legally liable for broadcasting phone recordings, even though the source of the recordings obtained them illegally. "A stranger's illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern," Stevens declared.

It may not be a matter as weighty as war or domestic tranquillity, but the fate of Cupertino, Calif.-based Apple and its products is hugely important to millions of people.

Gizmodo and many other websites obsess on the company's every move. So do Wall Street investors who have turned Apple into a $238-billion company, based on its stock value. So it comes as no surprise that one of Gizmodo's bloggers, Jason Chen, would jump at the chance to get a look at the next iteration of the fantastically popular iPhone.

Tuesday, April 27, 2010

Juvenile Mediation?

When looking at the criminal justice system, especially in terms of kids..er I mean juveniles..at least one study has shown that mediation may help. The University Of New Haven released a preliminary study in January that suggests that mediation assisted with both cutting costs and, more importantly, with recidivism rates. Mediation is increasing in popularity as a way to approach dispute resolution in a holistic fashion, but there is quite a bit to consider in terms of criminal mediation...issues of privacy, privilege, and protection of client interests.

West Haven, Conn., January 12, 2010- A preliminary study conducted by a University of New Haven (UNH) legal researcher shows a significant decrease in recidivism by Bridgeport, Connecticut juvenile offenders who participated in a mediation program involving their victims, and the implications for the state are significant.

UNH Associate Professor and Director of the Legal Studies Program Donna Decker Morris analyzed data on the effectiveness of "restorative" mediation performed by mediators from the Dispute Settlement Center with juvenile offenders in 2005-2006, and notes the program has proved to be a beneficial and incredibly cost effective alternative to traditional criminal justice processing for juveniles. Morris' findings show only 14.7 percent of the juvenile offenders who went through mediation reoffended, versus a typical recidivism rate of 33 to 36 percent for those who do not participate in mediation. The Dispute Settlement Center is a non-profit mediation agency serving western Connecticut.

In order to participate in restorative mediation, offenders must be willing to brainstorm with the mediator and the victim on how best to make reparations. "In talking directly with the victim, the offender hears the consequences of his or her actions and has to take responsibility for them," Morris says. Significantly, victims who participated in mediation noted a high rate of satisfaction with the process. "The victim, who is ordinarily removed from the judicial system, has the opportunity to make the offender aware of the harm inflicted and has input on whatever reparations are made, versus having a juvenile judge decide," she explains. "Victims note that they get a sense of closure, and feel safer and more empowered as a result of mediation." Morris adds that though the process can be emotional the rewards are far reaching and well worth the effort involved.

Saturday, April 24, 2010

Latest News: Spokane Police Department

From Center for Justice, latest news on Spokane Police Department's fiasco in the making over the death of Otto Zehm last year. (full article here)
The Justice Department’s latest filing in the Zehm case offers a new look inside the pressure cooker that likely awaits the Spokane Police Department and its attorneys at trial later this year.

The 75-page filing by Assistant U.S. Attorney Tim Durkin featured in Thursday’s front page Spokesman-Review article, “Feds: Testimony Altered,” is now available here.

Tom Clouse’s story focuses on new assertions being made by the Justice Department that top Spokane police officials, including Assistant Chief Jim Nicks, are now expected to provide trial testimony that will directly dispute the Department’s early accounts of the altercation that lead to the death of Otto Zehm, a 36-year-old man suffering from schizophrenia. Clouse’s story highlights sections of the new filing that indicate Spokane police investigators set out to alter and even discredit eye witness testimony that contradicted the self-defense claims of defendant Karl Thompson, Jr., the Spokane police officer who first encountered Zehm in a north side convenience store the night of March 18, 2006.

Durkin’s brief describes Thompson’s encounter with Zehm as a “violent attack” by the police officer against the affable janitor whose last recorded words were, “I only wanted a Snickers.”

Tuesday, April 20, 2010

DOJ abandonds attempt to warrantless access of email

CNET report here

From FourthAmendment.com
The U.S. Justice Department has abruptly abandoned what had become a high-profile court fight to read Yahoo users' e-mail messages without obtaining a search warrant first.

In a two-page brief filed Friday, the Obama administration withdrew its request for warrantless access to the complete contents of the Yahoo Mail accounts under investigation. CNET was the first to report on the Denver case in an article on Tuesday.

Shout Out to Sentencing Law and Policy on 4:20



Check out Profesor Berman's thoughtful post on 4:20 and interesting sentencing policy arguments advanced for a renewed look at today's drug policies. He cites to NORML's work in sentencing reform.

Forfeiture Law Update

A very informative piece on a topic that seems to come up in tssk force investigations that lead to massive seizures from Cato@Liberty.

Policing for Profit

Posted by David Rittgers

The Institute for Justice has produced a study, Policing for Profit, which highlights the abuse of civil asset forfeiture laws. Law enforcement agencies are empowered across the nation to seize and keep property suspected of involvement in criminal activity. Unlike criminal asset forfeiture, however, with civil forfeiture, a property owner need not be found guilty of a crime—or even charged—to permanently lose her cash, car, home or other property.
Report here and video here.

Friday, April 16, 2010

National Security Agency Executive Indicted

From Cato@Liberty
On Thursday, the government indicted former National Security Agency executive Thomas Drake for obstructing justice and mishandling classified documents—though the underlying crime, for which Drake was not actually charged, was leaking embarrassing information to national security reporter Siobhan Gorman (then of the Baltimore Sun, now at The Wall Street Journal). As Glenn Greenwald observes, the decision to move forward with a rare leak prosecution in Drake’s case stands in rather sharp contrast to the decision to look the other way when it comes to other sorts of wrongdoing in the world of intelligence.
For years, the NSA managed a sweeping program of warrantless wiretaps and large-scale data mining, which a federal judge recently confirmed was in gross violation of the Foreign Intelligence Surveillance Act. The telecoms who participated in the scheme were, equally clearly, violating the Electronic Communications Privacy Act. The FBI separately and systematically flouted the same law by obtaining call records for thousands of phone numbers without any legitimate legal process. And, of course, there’s the little matter of torture. For these crimes, the administration has pronounced a verdict of “boys will be boys,” on the grounds that it’s better to gaze boldly into our shining future than get bogged down in recriminations over all that old stuff.

Tuesday, April 13, 2010

Drug Legislation Update


After a tough drug sentencing where I once again question my purpose (see WikiExistentialism),it's time to look to be the change I want to see in the world. Families Against Mandatory Minimums is tracking bills in Congress designed to both lower sentences for non-violent offenders and allow Judges even more freedom to express policy disagreements with the Sentencing Guidelines. The branches working together with checks and balances as designed.

Monday, April 12, 2010

Foreign Service Criminal Investigator - Agency For International Development

The U.S. Agency for International Development (USAID), Office of Inspector General (OIG), is recruiting for Foreign Service Special Agents, 1811 Criminal Investigators to serve in positions located in countries where USAID is operating. The OIG's headquarters is in Washington, D.C. OIG has field offices located in Baghdad (Iraq); Cairo (Egypt); Dakar (Senegal); Manila (Philippines); Pretoria (South Africa); San Salvador (El Salvador); Kabul, (Afghanistan); and Islamabad,(Pakistan). As Foreign Service Special Agent, you will be required to combine your skills as a Criminal Investigator with the skills of a seasoned diplomat in order to accomplish the OIG's mission of fighting fraud, waste and abuse in USAID programs and operations throughout the world. A Foreign Service career involves uncommon commitments and occasional hardships, as well as unique rewards and opportunities. A decision to enter this career must involve a firm dedication to public service and a strong desire to serve in the overseas environment. The Foreign Service strives to maintain diversity in the representation of gender, geographic region, race, and ethnicity.

Link to Job Posting can be found here.

Saturday, April 10, 2010

Debating DNA Collection

DNA helps law enforcement investigate and prosecute crime, but the new trend of preconviction DNA collection raises serious Fourth Amendment issues for the criminal justice community.

Policymakers are increasingly coming to grips with legal issues related to taking DNA samples from people who have not been convicted of crimes.

The practice of taking DNA samples from convicted criminals is now largely uncontroversial. The courts have routinely upheld laws that authorize DNA collection from both current and former convicts, and the resulting databases of DNA have become powerful tools to analyze forensic evidence collected from crime scenes. The databases help to clear innocent suspects and redirect law enforcement officials away from unproductive investigations. They also help to convict guilty criminals and clear the wrongfully convicted.

A trend that is causing significant debate is gathering DNA samples from people who are arrested but not convicted. About 20 states and the federal government have passed legislation that requires DNA collection upon arrest. This legislation has raised concerns that crime laboratories may be unable to manage an influx of samples from a new source and that preconviction DNA collection may violate Fourth Amendment privacy guarantees.

Some people worry that collecting DNA creates the potential for abuse of genetic information stored in databases. Others point out that the federal and state privacy laws and penalties that apply to crime labs are stringent — far more stringent than the rules governing private entities that collect blood and saliva for medical or insurance purposes. Additionally, crime labs process only the DNA that applies to human identification. They do not process DNA that identifies predisposition to diseases. Indeed, most crime labs are incapable of doing that kind of DNA processing.

Full article by Sarah B. Berson can be found here.

Firearm Examiner Training Program

Designed as a training tool by the National Institute for Justice for use in conjunction with traditional hands-on mentoring, this program provides the knowledge component for training new examiners. It may also be used as a continuing education tool for current firearm examiners.

The purpose of this module is to explain how this program may be used and to clarify trainer and trainee roles and expectations. Information is provided regarding the use, benefits, and limitations of e-Learning.

Training can be found here.

How Will Striking Down Net Neutrality Affect Consumers?

From The Atlantic:

Yesterday, a U.S. appeals court ruled against the FCC's net neutrality regulations, which sought to force service providers to treat all Internet traffic the same. Internet freedom advocates consider the ruling a major defeat, while companies including Verizon, AT&T and Comcast are the clear winners. How will the average Web surfer be affected?

Service providers would like to be able to charge data hogs more for usage -- or slow down their file transfers, so not to hinder other network traffic. Even though the Internet seems like a magical technology with no limits, there actually are physical constraints and costs that service providers need to worry about. This FCC ruling allows them to better manage their networks accordingly.

But if the Internet goes completely unregulated, then there is a potential for those companies to take advantage of the system.

So the FCC and Congress should work to ensure that such shenanigans are forbidden. Service providers shouldn't be allowed to arbitrarily discriminate. For example, Comcast also shouldn't be able to block any Verizon ads that websites are running. But fairly uncontroversial net neutrality legislation could set reasonable limits. Such new laws could ensure that any discrimination on the part of service providers be grounded in controlling costs so to actually benefit the average Internet user and forbid those based on ends including payoffs, political gain, anti-competitive behavior, etc.

Let's think about what might and might not pass that sniff test. The Wired example certainly wouldn't: that consisted of a payoff resulting in the average consumers being worse off with access to fewer websites. But charging data hogging websites more or slowing down their traffic would ultimately benefit the average Web surfer: these sites are imposing a disproportionate cost on the service provider, which is spread over everyone if absolute net neutrality is in place.

Asserting the Internet should remain open and unrestrained isn't the same as saying service providers shouldn't have any control over their own networks. They have a business to run, and as long as they don't arbitrarily or unfairly discriminate among various users or websites, but do so based on the cost the traffic imposes, then such mild limits to net neutrality actually would benefit the average user in the long run.

Full article can be found here.

Documenting Bloodstain Patterns Through Roadmapping

There's a good article on the "Roadmapping" technique for documenting bloodstain patterns available from Forensic Magazine.

"The road mapping technique was developed by Toby L.Wolson of the Miami-Dade Police Department’s Crime Laboratory and it allows for complete photo documentation of bloodstain patterns.4 The procedure involves using overall, medium, and close-up photographs combined with labels and scales. Separate pattern groups are identified and labeled and then important stains within that group are further identified and labeled accordingly. The labels and scales serve as “road signs” in the photographs and ensure that viewers are never “lost.” Most importantly, using this technique will allow others to properly analyze the patterns from the photographs without ever being present at the scene."


Even if you don't have training in bloodstain pattern analysis, you should be able to document the stains so that someone can analyze them later. The article spells out the equipment and process, and includes some example photos.

Article can be found here at Forensic Magazine.com

Statement Analysis & Cognitive Interviewing Course

Investigative Statement Analysis is the structured and systematic analysis of language, whether written (statements, transcripts, electronic mail, etc) or spoken. Through the analysis of the words people use, the investigator will gain insight into the individuals thought process and obtain a tremendous advantage prioritizing and conducting follow-up interviews, directing their investigations, and reaching accurate conclusions relating to the veracity of the information that people provide.

This training is based upon the principle that the psychological stress associated with deception manifests subconsciously within our choice of words. Many times even the motive for the crime will be identified through careful analysis, which often goes undetected by investigators who have not received training in this powerful technique.

July 8th and 9th 2010 at the Farmington Police Department in CT. 8:30am to 4:30pm $197 per person. The link below has info and a downloadable PDF registration form.

http://www.truthsleuth.com/pdfs/LIES_CourseReg-Farmington7-10.pdf

Thursday, April 8, 2010

San Francisco Crime Lab Scandal

As many of you have no doubt heard, the San Francisco Police Department Crime Lab, specifically technician Deborah Madden has had its share of problems lately, including the latest problem..feral cats(!) The scandal began to surface when Deborah Madden suddenly retired in December after almost thirty years on the job. She left the crime lab shortly after a drug lab audit showed that drug evidence was missing.

Information from the National Academy of Sciences Report on forensic labs and the need for more "science" highlight the importance of up-to-date knowledge of lab issues and investigation. (previous blog post here)

San Francisco City and County Public Defender Jeff Adachi has aggressively sought discovery and has been leading the charge for the many dismissals that have already happened. Materials have been gathered at the California Attorneys for Criminal Justice website (available here). There you can access materials including motions, investigative reports, and news collections. One can also add new materials as the litigation develops.

For some background, start with this excerpt from Law.com (full article here)


The extent of the fallout from Madden's work in the lab continues to grow: First the San Francisco district attorney's office said only a half-dozen cases might be compromised, then began to drop hundreds of cases. Now, with the investigation of the lab expanded to look at the potential involvement of other crime lab employees, the DA's office last week was analyzing 1,400 pending felony narcotics cases they might be forced to drop. And while prosecutors scramble, defense attorneys are doing their part to broaden the implications beyond pending cases, beyond superior court prosecutions, and beyond the criminal courthouse.

Assistant District Attorney Brian Buckelew, a spokesman for the office, said Friday that it's still unclear how far the crime lab implications reach, and that the office strategy is an individualized review of cases. "We're going to salvage the cases that we can salvage," he said. On Friday, the DA's office dropped 25 more narcotics cases.

San Francisco Public Defender Jeff Adachi said a recent audit of the crime lab indicates institutional problems bigger than Madden, and that his office has identified about 5,500 pending and post-conviction drug cases since 2008 for which it's preparing to file motions or writs of habeas corpus.

Tuesday, April 6, 2010

Guest Blogger: The Role of the Defense Investigator

By Thomas J. Luongo

A Defense Investigator fulfills one of the most important roles on the defense team. The investigator’s job is to verify and validate all that has been done by the investigating police department. With that in mind, the investigator has to have accumulated some training or experience which would allow him or her to recognize where any errors or omissions have occurred or to indicate that all proper procedures were adhered to during the investigation. Know what the standards are! The investigator has to talk to each witness and to review and verify all evidence, physical, verbal, video, etc., that will be used by the prosecution.

In addition, the Defense Investigator has to interview all witnesses identified by the defense team. This would include all independent witnesses located along the track of the investigation. Witnesses no one may knew existed or thought to talk to previously. The Defense Investigator reviews all the accumulated statements with the defense team to determine its usefulness and to determine whether it must be further refined or defined. It may be up to the investigator to determine whether a written statement should be taken, a tape-recorded statement, a video taped statement, etc., at the time of the interview.

A Defense Investigator has to have enough self-confidence to act independently when conducting investigatory duties and be able to interpret pertinent statutes or policies, as the need arises. Not all investigators have a specific skill or expertise, but many experienced investigators have developed highly talented detection skills which allow that person to review physical evidence and scientific reports to determine whether what is reported is consistent, accurate, and truthful. It is not unusual for the investigator to detect something unusual in a report i.e. firearms evidence in which the prosecution has identified a specific type of weapon was used and determine there is something peculiar with the report. The investigator would verify with the manufactures the specific identification items mentioned in the prosecutor’s report to confirm what has been reported is accurate. Don’t be surprised to learn that what has been reported as fact on one hand is not actuality when checked.

An investigator’s job experience is usually all encompassing. There’s some knowledge about serums and blood stains, human anatomy, artistry and architecture for crime scene reconstruction, photography and how to set up the shot, how to conduct research and locate various governmental records, the art of conducting an interview, some idea of firearms and how they work, how to organize for those large scale cases, the basics of arson investigation, the basics of sexual assault investigations, the basics of crimes of violence against people, i.e. robbery, murder, felony assault, etc.; and a whole host of other areas that are used on a daily basis.

As the investigator gains experience that person then knows where to look for the answers. Do we check the post office for a new address or the prison to see if the person being sought is locked up. Was the witness one of our own clients or could the witness be on probation and required to report to someone. Has the investigator developed the networking capability to contact investigators in other states to assist in locating a witness.

In today’s new technology an investigator must have some knowledge of computers and what benefits they bring to the job. Now an investigator can use mechanical gathering to determine people’s financial worth, conduct skip trace investigations, locate research materials on any given subject, and a whole range of new subject areas around the world.

It often falls to a Defense Investigator to locate expert witnesses who will play a part in one of their cases. The investigator may also be responsible for the transfer of evidence to that expert for testing or verification of prior tests. It would not be unusual to find the investigator arranging access to evidence held in the possession of the Court or prosecution for examination. Or to arrange for the collection of evidence submitted by the client which will be tested or examined by an expert witness.

Any planning that is conducted in the office for administrative purposes should always include an investigator as a representative. Why? The information and statistical gathering is just as important to the investigator staff. Information stored in the office’s computer could be of vital use to an investigator trying to track a client or another witness. Further, disposition information generated would be of interest for investigator staffing purposes.

Even with the culmination of all of this work, there are still many occasions an investigator must take the witness stand and testify. The job of testifying is almost an art form. You stick to the facts, answer yes or no, be respectful, and don’t let yourself be goaded into an argument to lose your temper. Always be sure, double check anything you would have to testify to, document calls steps, have physical evidence ready, never let them catch you napping. Use each experience as a teaching experience and try to have other junior staff members present so that they can observe what happens in the courtroom and will be prepared when their turn comes.

Finally, a Defense Investigator acts as a mentor. A mentor not only to other staff investigators and interns, but to staff attorneys, paralegals, sentencing specialists, clericals, etc. All phases of a defense office interact with each other and has to understand the duties and roles of one another. It is the only way to build an effective defense team.

Through all of this, a Defense Investigator must keep perspective, remain objective and upbeat, keep a sense of humor, and develop a method to deal with the stress of deadlines, the types of cases handled, the continual dealing with human misery, lack of recognition, or even a small thank you for caring enough to do a difficult job under trying conditions. Feedback is important, both pro and con, we learn from what we do right and what we do wrong. It fuels the creativity in a human being and the desire to learn as much as possible, to be as good as possible, to present the best case forward possible, and not feeling that anything was missed or overlooked.


Thomas J. Luongo retired as the Chief Investigator for the Rhode Island Public Defender’s Office and is a former president of the National Defender Investigator Association. Mr. Luongo serves on the Advisory Board of the CDITC and is responsible for Award & Commendations. He is the first recipient of the prestigious CDITC Investigator/Philosopher Award. Mr. Luongo is currently a licensed private investigator in charge of criminal investigations in Providence, Rhode Island for Case In Point Investigations of New England.

Criminal Defense Investigation Training Council

The Criminal Defense Investigation Training Council was established to encourage a dialogue among professionals and scholars involved in various aspects of criminal defense investigation. The Council exists as an open forum in which investigative philosophy, methodology, education, and principles of ethical inquiry can be considered via academic training programs, discussions, debate, and writings. The Council is actively pursuing the goals of professional competence and academic excellence via the Board Certified Criminal Defense Investigator program and the Training Accreditation Program. The Council encourages professionals actively engaged in the discipline of Criminal Defense Investigation to join the Council and pursue the designation of Board Certified Criminal Defense Investigator.

Go Daddy Subpoena Compliance

Compliance Department
GoDaddy.com, Inc.
14455 North Hayden Rd., Suite 219
Scottsdale, AZ 85260

FAX: (480) 624-2546
Attn: Compliance Department

Verizon Wireless Legal Compliance

Verizon Wireless Legal Compliance
Online Service: CellCo Partnership d/b/a/ Verizon Wireless,
Online Service Address: 180 Washington Valley Road
Bedminster, NJ 07921
Phone Number: 1-800-451-5242
Fax Number: 888-667-0028

Note(s): 1-800-451-5242 above, use opt 1 for Mailing addresses; opt 2 for subpoenas/search warrants, opt 3 for court ordered surveillance, opt 4 for court orders

Fax for Court Order & Search Warrant requests: 908-306-7491 or 908-306-7492

eBay Spying Techniques

eBay Spying Techniques is a summary from 2007 on how to use eBay as an open source investigation tool. In addition to the data that can be provided by eBay & PayPal staff, you can quickly research publicly available information on eBay.

Microsoft Online Services - Global Criminal Compliance Handbook

Microsoft's "Global Criminal Compliance Handbook", is a confidential 22 page booklet designed for police and intelligence services. Includes where to serve legal process in criminal matters along with a bevy of other usful information.