Criminal Defense

Military Court Bars Forcing Soldier to Unlock Smartphone

Anyone who has ever watched Law & Order knows that “you have the right to remain silent” when questioned by police. Furthermore, once a criminal suspect invokes his or her right to an attorney, police must immediately cease any further questioning outside the presence of counsel. These rights are protected by the Fifth Amendment to the United States Constitution to ensure that no person “shall be compelled in any criminal case to be a witness against himself.

Never Mix Twitter With Jury Duty

Jury duty is a civic responsibility, but many people see it as an inconvenience. Even a simple civil case may require a juror to take several days off from work to sit in a courtroom and listen to the details of some car accident. But every lawsuit is a serious matter, at least to the litigants, and it deserves each juror’s attention and respect. One of the cardinal rules of jury duty is to never discuss a pending case with outsiders.

Is There a Constitutional Right to Audit Source Code?

Many people in the tech community have sounded the red alert klaxon over the FBI’s recent demand for Apple’s assistance in rewriting its proprietary iOS software to disable certain security features. In some corners, Apple is portrayed as a champion of individual liberty against the growing police state. But suppose we change the parameters of the legal scenario. Instead of the FBI demanding a backdoor to access an accused criminal’s iPhone, let’s say a defendant charged with murder has reason to believe that the victim’s locked device might contain exculpatory evidence.