Electronic Information in Criminal Investigations and Proceedings

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Volumes and varieties of electronic information seem to grow exponentially. Unsurprisingly, electronic information is now a common feature in the commission, investigation, and prosecution of crimes. Electronic information raises issues involving the Warrant and Particularity requirements of the Fourth Amendment. Compelling access to encrypted electronic information raises issues of self-incrimination under the Fifth Amendment. Electronic information also leads to disputes about preservation and spoliation by law enforcement and “cooperation” during discovery, admissibility, as well competence of counsel under the Sixth Amendment.

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