Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison [Released July 2014]
The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 2016]
In response to a series of high-profile police killings of unarmed people of color, law enforcement agencies across the country began adopting body cameras as a solution to requests for more transparency and accountability. In order to study the impact of body cameras on the rights of the accused, the National Association of Criminal Defense Lawyers established a Body Camera Task Force comprised of defense attorneys from across the country. [Released March 2017]
Federal laws protecting individual privacy rights in electronic communications have not been meaningfully updated in over 25 years, even though many of today’s technologies were not even conceived of when Congress considered the legislation and when the Supreme Court created the “Third Party Doctrine.” This white paper discusses the current status of the law and concludes with recommendations for reform. [Released February 2012]
Coalition letter to members of the Senate urging more changes to the protection of American citizens before voting on the proposed USA FREEDOM Reauthorization Act of 2020 (H.R. 6172).
Coalition letter to the House Judiciary Committee regarding the need for reforms to the drafted USA FREEDOM Reauthorization Act of 2020 relating to mass and unwarranted surveillance.
HOW IS A CELL PHONE’S LOCATION IDENTIFIED? A cell phone’s location can be detected through cell site location information (CSLI) or global positioning system (GPS) data. CSLI refers to the information collected as a cell phone identifies its location to nearby cell towers. CSLI from nearby cell towers can indicate a cell phone’s approximate location. With information from multiple cell towers, a technique called “triangulation” is used to locate a cell phone with greater precision. Cell phone location information can be “historical” or “prospective.”
Cell Site Simulator Primer.
ALPR Primer.
Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.
Privacy and Technology: Law Enforcement's Secret Use of GPS Devices
The case involves four Somali immigrants who were convicted in San Diego on terrorism financing charges. Following the revelations from NSA whistleblower Edward Snowden in 2013, it came to light that the investigation of defendant Basaaly Moalin was a product of the NSA’s phone metadata surveillance program under Section 215 of the Patriot Act. To date, Moalin is the only instance identified by the government where the NSA’s mass surveillance program has been used in a terrorism prosecution. None of the defense attorneys was made aware of the NSA’s involvement at trial.
Coalition letter to the House Judiciary Committee regarding concerns with the FISA Amendments Act of 2008 (H.R. 6304), as it comes up for reauthorization (FISA Amendments Act Reauthorization Act of 2012, H.R. 5949).
Coalition letter to the Senate Judiciary Committee leadership regarding the Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act S. 1686 (2009).
President Gerald Goldstein's written statement to the House Judiciary Subcommittee on Crime and House Government Reform and Oversight Subcommittee on National Security, International Affairs and Criminal Justice regarding government and law enforcement conduct in the 1993 confrontation between Branch Davidians and law enforcement in Waco, TX, and proposed changes in Exclusionary Rule Reform Act of 1995 (H.R. 666) and Violent Crime Control and Law Enforcement Improvement Act of 1995 (S. 3).
