Ken Strutin

March 14, 2007 | Law.com

To participate fully in society, we are asked to surrender personal, identifying information to third parties. The disclosures range from telephone and bank records to e-mail and Internet accounts. Whether the newest type of personal information -- Internet account data -- can be uncovered by law enforcement depends on the recognition of the right to informational privacy. Ken Strutin, director of legal information services at the New York State Defenders Association, analyzes some key cases.

By Ken Strutin

9 minute read

October 11, 2005 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that most areas of expertise have codes of conduct, violations of which can lead to challenges of expert witness testimony. He reviews the availability of many disciplines' ethical standards in Internet listings, on which courts and attorneys have already begun to rely.

By Ken Strutin

7 minute read

March 07, 2006 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that because searches of computer equipment bring up issues complicated by the nature of electronic information, such as standing in cases of shared equipment, defining the object of an investigation, plain view observations, and inadvertent discovery of unrelated criminal evidence, a consent search encompassing digital evidence will require a thorough colloquy between police and suspect.

By Ken Strutin

12 minute read

July 08, 2008 | Law.com

Computer crime scene investigations are conducted in another world. Electronically stored information and computer software operate with their own set of rules that make comparisons to physical evidence misleading. Search warrants that target computerized evidence run the risk of becoming general warrants. And the Fourth Amendment's injunctions of particularity and specificity in identifying the files to be seized are being challenged by the methods for acquiring them.

By Ken Strutin

10 minute read

July 26, 2011 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: On the horizon, another change is coming by way of a decades-old business technology now available in the form of affordable desktop equipment—the 3-D printer, which can build layered objects from digital instructions. In addition to the business, artistic and hobbyist uses of a real-life printer and scanner, there are benefits for litigation, such as creating models and other types of demonstrative evidence.

By Ken Strutin

9 minute read

November 22, 2010 | Legaltech News

Attorney Ken Strutin writes that New York amended the Criminal Procedure Law to give arrestees the right to a phone call, but the law does not address the fact that cellular devices are lifelines, and particularly important for suspects who seek help from counsel, family or friends.

By Ken Strutin

14 minute read

May 17, 2011 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: In the 17th century, a computer was someone who added numbers for a living, about 100 years ago it came to refer to calculating machines, and now it encompasses everything from simple information processing devices to artificial intelligence. Indeed, as the presence and applications of computers continue to widen, so does their role in the adjudication of criminal cases.

By Ken Strutin

10 minute read

July 11, 2006 | New York Law Journal

Ken Strutin, the director of legal information services at the New York State Defenders Association, writes that probable cause for computer searches is being broadened by an expansive interpretation of Web-based conduct. In a recent federal appeals decision, the court confronted a new wrinkle in Internet crime: the mixed-use Web site (containing legal and illegal content).

By Ken Strutin

9 minute read

November 30, 2010 | Daily Business Review

Cellular devices have become lifelines, especially for suspects who need to consult with counsel or seek assistance from family and friends at a crucial time.

By Ken Strutin

10 minute read

January 20, 2010 | Legaltech News

Disputed assumptions about forensic methods have sent lawyers into an era of heightened skepticism, says legal information services director Ken Strutin. The latest report on this problem underscores the ongoing concerns with forensic evidence and portends a shift in legal thinking.

By Ken Strutin

11 minute read