Blog Detail
CYB3RCRIM3
http://cyb3rcrim3.blogspot.com/
This blog deals with the legal and policy issues raised by cybercrime.
Recent Posts
Double Jeopardy and Dual Sovereignty
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
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
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
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
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?
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...
