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23 Mar

Prosecutors’ Foregone Conclusion Argument Against Fifth Amendment Opposition to Decrypting Computers

Seizing and searching computers is big business for law enforcement, for such investigations as child pornography, terrorism, and online copyright infringement. At the same time, computer encryption technology continues advancing, to the point that law enforcement cannot always crack such encryption, leading law enforcement to...

03 Mar

“In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense” – Sixth Amendment

Recently, an unrepresented misdemeanor defendant appeared before a rather new Maryland judge for the non-jailable but nevertheless criminal misdemeanor charge of possessing an open alcoholic beverage container. Md. Code Alc. Bev. art. §6–322. The defendant asked the judge for a postponement, apparently to seek a...