The Criminal Justice Act (“CJA”) provides for the appointment of counsel in criminal cases to persons who are financially unable to obtain adequate representation. 18 U.S.C. § 3006A(a). In the Southern District of Texas, in cases where the Federal Public Defender has not been appointed to represent a defendant who is entitled to the assistance of appointed counsel, individual defense attorneys are chosen from a federal panel. The Federal Public Defender is charged with assuring that members of the CJA panel are familiar with federal criminal practice.
This interactive discussion begins with a background overview of managing and reviewing digital evidence discovery. Participants will review the Supreme Court’s 2014 decision in Riley v. California, which unanimously recognized the significant privacy interests inherent in digital devices. Participants will become familiar with suppression challenges to digital searches conducted pursuant to a warrant as well as those conducted pursuant to warrant exceptions such as consent and the border search authority. Lastly, participants will explore challenges to the compelled decryption of digital devices.