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(5727) The Constitution Meets Electronic Information in Criminal Matters originally was presented on March 9, 2022. The program is available as Downloadable Audio and Online Seminar (On-Demand).

Part 1 of a two-part series on electronic information in criminal proceedings. CLE Credits:  2 General; 1 Technology. Certification credits: 2 Juvenile Law, 2 Appellate Practice, 2 Criminal Appellate, 2 Criminal Trial. Presented by Ronald J. Hedges, Senior Counsel, Dentons US, LLP, New York, New York; and Hon. Milton Hirsch, Miami-Dade Circuit Judge, Miami. Moderated by H. Scott Fingerhut.

In Part 1 of this series, our presenters concentrate on Fourth and Fifth Amendment issues arising from the seizure and search of electronic information. The Sixth Amendment Right of Confrontation is addressed as well.

Background on the series:  Electronic information of ever-expanding varieties and volumes is, without question, a common feature of criminal investigations and proceedings today. More and more, electronic information is used in the commission of crimes and thus has become the focus of law enforcement investigations, prosecutions, and defense.

As a result, the collection and search of electronic information may implicate the Warrant Requirement of the Fourth Amendment, the Fifth Amendment privilege against self-incrimination, the Sixth Amendment right of confrontation, and their Florida counterparts. In addition, electronic information may raise evidentiary issues of preservation and spoliation, as well as discovery obligations, “cooperation” between prosecution and defense, and, ultimately, admissibility.

In this two-part program, expert lawyers and veteran presenters, Ronald Hedges, former United States Magistrate Judge and now Senior Counsel with Dentons US LLP, and Miami-Dade Circuit Judge Milton Hirsch, will explore timely topics about electronic information and suggest strategies that might be useful to both prosecutors and defense counsel.

Each presentation complements the other. For the busy practitioner who may wish to focus on particular topics, each session can stand alone.

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