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CYB3RCRIM3

CYB3RCRIM3

http://cyb3rcrim3.blogspot.com/

This blog deals with the legal and policy issues raised by cybercrime.

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  • Double Jeopardy and Dual Sovereignty

    Posted on Wednesday December 23rd, 2009 at 07:38

    As I may have noted, the Double Jeopardy clause of the Fifth Amendment to the U.S. Constitution says “[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb.” As Wikipedia explains, the clau...

  • Mandamus and Jurisdiction

    Posted on Monday December 21st, 2009 at 08:30

    As I noted in an earlier post, jurisdiction is a court’s power to act in a given case. As I also noted there, defendants will, whenever possible, challenge a court’s jurisdiction over the charges or civil claims against them; if a ...

  • Clicking and the Plain View Doctrine

    Posted on Friday December 18th, 2009 at 07:30

    As I’ve noted in earlier posts, the plain view doctrine is a principle that can expand the scope of a lawful 4th Amendment intrusion (i.e., a search conducted pursuant to a valid searchwarrant or pursuant to a valid exception to the...

  • Warrant Needed to Search Cell Phone

    Posted on Wednesday December 16th, 2009 at 05:54

    On December 15, 2009, the Supreme Court of Ohio decided State v. Smith. You can find the opinion here. The Smith court addressed an issue I’ve done posts on before: whether officers who arrest someone can search the contents of he...

  • Ghost v. EnCase

    Posted on Monday December 14th, 2009 at 07:52

    I could have entitled this post “battling computer forensic software programs.” It’s about a discovery dispute in a criminal case that centered around two such programs: EnCase and Ghost. The case is State v. Dingman, 149...

  • Multiple Images of Child Pornography: 1 Crime or Many?

    Posted on Friday December 11th, 2009 at 08:11

    This post returns to an issue I've dealt with in prior posts: How do you decide when one crime or more than one crime should be charged? As I explained in a post I did last year, in criminal procedure charging documents (e.g., indic...

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