Peter A Crusco

Peter A Crusco

October 21, 2024 | New York Law Journal

Abandoned Password Protected Phones and the Right to Privacy

This article discusses the Fourth Amendment and our right to privacy under the law in regards to password protected devices. "Without a search warrant, the defendant would, of course, assert his right to privacy because he would argue by his act of password protecting the contents of the phone, he evidenced an intent to exercise his right to privacy."

By Peter A. Crusco

9 minute read

August 26, 2024 | New York Law Journal

The Elusive 4th Amendment Particularity Rules for ESI

In his Cyber Crime column, Peter Crusco reviews some recent case law that spotlights the ever developing area of the law surrounding search warrants targeting electronically stored information, or "ESI."

By Peter A. Crusco

10 minute read

June 24, 2024 | New York Law Journal

Geofencing and Individualized Suspicion

Geofencing continues to be used by law enforcement nationwide and its controversial nature has only grown. This article will address the Fourth Amendment implications in its continued use.

By Peter A. Crusco

12 minute read

April 22, 2024 | New York Law Journal

Turnabout: Cell Site Location Information for the Defense

This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location "tracking" capability in the Fulton County, Georgia, criminal prosecution against former President Donald Trump and his co-defendants.

By Peter A. Crusco

6 minute read

February 26, 2024 | New York Law Journal

Special Computer Skills and the Federal Sentencing Adjustment of U.S.S.G. §3B1.3

In his Cyber Crime column, Peter A. Crusco discusses how courts define a special skill and how that adjustment may impact a defendant who utilized his computer skills to facilitate the commission of the offense for which he stands convicted.

By Peter A. Crusco

9 minute read

December 22, 2023 | New York Law Journal

Large Sugar Bowls and Wire Transfers

If you do a lot of business with financial institutions, banks and law firms, you are probably routinely warned about the risks of wire transfers. This article will discuss recommended steps to help avoid your wire transfer from being the target of the unscrupulous, as well as current case law illuminating some issues in the litigation of misdirected and purloined wire transfers.

By Peter A. Crusco

8 minute read

October 23, 2023 | New York Law Journal

Targeting Dark Forums

Dark forums may be used to facilitate widespread criminal endeavors and terrorist acts, including the laundering of criminal proceeds to fund and exchange weapons and critical intelligence. This article discusses these shadowy dark forums and the government response.

By Peter A. Crusco

8 minute read

August 21, 2023 | New York Law Journal

Heightened Sensitivity to Particularity in Cell Phone Searches

Because of the vast personal information stored on cell phones that is thereby accessible by government investigators via a search warrant, the particularity requirement is the last line of defense for a suspect's cell phone privacy against government intrusion. The courts' heightened sensitivity to this requirement is the subject of this article.

By Peter A. Crusco

8 minute read

June 26, 2023 | New York Law Journal

Digital Prescription Tracking and Evidentiary Issues

A discussion of the legality and various evidentiary issues concerning digital repositories of prescriptions.

By Peter A. Crusco

10 minute read

February 27, 2023 | New York Law Journal

Cybersecurity Insurance Issues

In his Cyber Crime column, Peter Crusco discusses recent case law compared to earlier law and how these decisions demonstrate that "although the technology has changed, contract law has remained stable and appropriate to respond to the new developments in cybersecurity insurance."

By Peter A. Crusco

12 minute read