Peter A Crusco

October 23, 2017 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco addresses the particularity requirement as it relates to digital evidence seized by search warrant, reviews some of the recent cases, and highlights possible trends.

By Peter A. Crusco

10 minute read

August 21, 2017 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco writes: Although Internet-based crime has grown exponentially, and the opportunity for conflict and cross-over among the various impacted sovereignties and their investigative and prosecutorial agencies exists, the courts' application of well established legal rules prevent unwarranted successive criminal prosecutions for the same criminal transactions unless established legal exceptions apply.

By Peter A. Crusco

19 minute read

June 26, 2017 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco discusses implications of the recent Second Circuit decision in 'Ulbricht', in which Internet routing data was obtained via pen register. The evidence provided a key link connecting defendant's online activity to a massive Bitcoin criminal enterprise scheme that thrived through a website called Silk Road. 'Ulbricht' is example of why courts proceed with care when considering changes, however slight, to the Fourth Amendment's concept of privacy expectations in communications and records in the digital age.

By Peter A. Crusco

14 minute read

April 24, 2017 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco addresses an interesting yet rarely litigated legal issue: whether individuals whose communications are intercepted, but are non-targets and never prosecuted, are entitled to notification and copies of the documents upon which the order for electronic surveillance was based.

By Peter A. Crusco

21 minute read

February 27, 2017 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco discusses "gag orders" (also known as "preclusion-of-notice orders") issued under the Stored Communications Act, addressing issues of whether these gag orders violate the First Amendment, and constitute a prior restraint on speech, or violate the Fourth Amendment as an unreasonable search.

By Peter A. Crusco

23 minute read

December 23, 2016 | New York Law Journal

In his Cyber Crime article, Peter A. Crusco writes: New technologies inspire clever criminals, requiring more advanced law enforcement crime fighting methodologies. Arguments against arrest usually include the application of long-established legal rules to challenge these new government investigative methodologies. The article demonstrates how one such rule, the 'Aguilar-Spinelli' test, has been asserted in an attempt to undermine search engine evidence used in search warrant applications.

By Peter A. Crusco

26 minute read

October 24, 2016 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco of the Office of the Queens County District Attorney discusses cases that illuminate the challenges courts face in warrant litigation concerning jurisdiction of interception of cell phone communications, and their methodology in resolving these matters involving evolving digital communications technologies.

By Peter A. Crusco

26 minute read

August 22, 2016 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco tackles the questions: Do the police need a warrant to get defendant's cell site location information? Is the cell phone company required to provide the information without a warrant?

By Peter A. Crusco

23 minute read

June 28, 2016 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco of the Office of the Queens County District Attorney discusses recent litigation concerning government seizures of email accounts using search warrants resulting in the seizure of voluminous digital records, and the legality of the lengthy retention of non-responsive emails for an indefinite period.

By Peter A. Crusco

38 minute read

April 26, 2016 | New York Law Journal

In his Cyber Crime column, Peter A. Crusco discusses litigation on the issue of whether the All Writs Act may be used by the government to compel Apple to unlock an iPhone passcode by creating a program or so called "backdoor" for law enforcement access to it to obtain needed evidence of a crime on the phone.

By Peter A. Crusco

43 minute read