December 23, 2024 | New York Law Journal
General Warrants and ESIThe author writes "It’s been over 250 years since a group of colonists, known as 'the Sons of Liberty,' disguised as Indians sneaked aboard three British tea ships and dumped their treasure of tea into the Boston harbor. The 'Boston Tea Party,' was a protest to British Parliament’s onerous tax levies which did great financial harm to the early Americans and their fledgling business enterprises and resulted in Britain’s retaliatory passage of the Intolerable Acts of 1774."
By Peter A. Crusco
10 minute read
October 21, 2024 | New York Law Journal
Abandoned Password Protected Phones and the Right to PrivacyThis 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 ESIIn 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 SuspicionGeofencing 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 DefenseThis 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. §3B1.3In 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 TransfersIf 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 ForumsDark 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 SearchesBecause 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 IssuesA discussion of the legality and various evidentiary issues concerning digital repositories of prescriptions.
By Peter A. Crusco
10 minute read