The MSBA's Criminal Law Section Presents
"Digital Device Forensics: Evidence From Mobile Phones And GPS Units May Surprise You"
Due to the complexity and demanding nature of their cases more and more criminal defense attorneys are realizing that digital evidence is important for an aggressive and effective defense. What are the facts?
Today, there are more than 300 million wireless subscribers in the U.S. That’s just over 96% of the total U.S. population. By the year 2013 that number will be 100%. Yes, everyone will have a mobile phone and over 90% of those phones are capable of sending and receiving text messages.
Text is the new talk. In the second quarter of 2008 U.S. mobile subscribers sent more text messages than they placed phone calls. Text message use has only exponentially ramped upward since then. How much?Text messaging is doubling every year.
All of this digital messaging on personal handheld devices is changing the complexion and challenges of investigating and trying criminal cases today, but also providing productive new opportunities. “The reason why the cell phone is important is that you are carrying around a personal diary of who you talk to and often what you talked about”, said Robert Morgester, California Deputy Attorney General. Add to that personal diary the photographs and videos you take, the e-mail and text messages you send and receive, and your address book and contacts. All of this information is electronically date and
time stamped. And soon because of technology convergence with geographical positioning systems (GPS) this information will also be stamped with your geolocation (latitude and longitude).
If a criminal defense attorney focuses on just traditional methods of tracking down business records and cell tower sites, how wide will the gap be between the evidence he or she finds for the client versus what could have been? Digital evidence in these electronic personal diaries can tell much of the story and attorneys who leverage that potential will increasingly use it to win or plea bargain their cases advantageously.
This CLE is designed to help the legal audience understand the potential for new forms of digital evidence to change the outcome of their investigations and criminal cases at law. It focuses on the acquisition, analysis, and authentication of relevant digital forensic evidence from a rapidly expanding population of mobile devices including smart phones and feature phones, personal navigation devices (GPS), personal digital assistants (PDAs), music (MP3) players, eBook readers, and touch-sensitive tablet computers. Lastly, this CLE challenges criminal defense attorneys to become more aware of relevant digital evidence and to act timely to capture it when it’s available in order to level the playing field with the prosecution and aggressively defending their clients.
John Carney, Carney Forensics
1.5 hours of Standard CLE credits approved
Event Code: 163225
Date: Friday, January 20, 2012
Time: 11:45 a.m. to 1:30 p.m.
Location: MSBA Offices | Presidents Room
600 Nicollet Mall, Suite 380
Minneapolis, MN 55402
Join us for a networking lunch at 11:45 a.m., followed by the seminar from noon - 1:30 p.m. This program will be available by teleconference and webcast upon request. See instructions below.
Criminal Law Section Members: $10.00
Join the Section and attend at no additional cost: $20.00
Public and Legal Services Employees: $20.00
All Other Registrants: $35.00
Teleconferencing/webcasting is available upon request. Request instructions when registering or contact Elyse Farnsworth before noon on January 18. Instructions will be sent via email on or before January 19, 2012.
Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.
Requests for an exception to this policy should be directed to Elyse Farnsworth, Section Services Director, by e-mail or at (612) 278-6336