Two recent decisions of CAAF condone unlawful or bad practices when OSI, CID, NCIS, and CGIS search cellphones; United States v. Shields and United States v. Lattin. As a result, the MCIOs are unlikely to change their unlawful or bad practices. More than sloppy police work gets two passes because…
The very foundation of what we do depends on trust, and trust depends on the treatment of all Soldiers with dignity and respect by fellow Soldiers and leaders. Without this, our profession is placed in jeopardy, our readiness suffers, and our mission success is at risk. The sentiment conveyed above is enduring; it…
11 October 2018. Orders Granting Petition for Review No. 18-0339/AF. U.S. v. Scott A. Meakin. CCA 38968. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER APPELLANT’S CONVICTION FOR…
As this case demonstrates, the novelty of an assimilative charging decision under Article 134 often wears off during the course of an appeal, Says ACCA in a footnote to United States v. Meredith, 7 August 2018. Specification 1 of Charge II alleged appellant violated the Computer Fraud and Abuse Act (CFAA), 10 U.S.C.…
We have all been there. The unsophisticated suspect consents to the taking a search of their cell phone or computers. Or, the MCIO get a search authorization. Then investigators basically go on a fishing expedition for evidence of the current allegations, and anything else they can find–justifying anything else found on…
Check the warrant, or in the military the search authorization. The recent decision of the Army Court of Criminal Appeals in a government appeal tells you why it’s important to check the warrant. In United States v. Gurzynski, the court had before it a government appeal of a military judge’s…
How many times do we see the private search as an issue. The upset spouse searches the computer to find evidence of infidelity, the Sailor’s friend or roommate comes across contraband CP on a computer and looks further, etc., etc., etc. A responsible law enforcer would take the information to…
New Developments in Criminal Law: Child Pornography and Appellate Review, by MAJ Jeremy Stephens. THE ABUSE OF DISCRETION STANDARD OF REVIEW IN MILITARY JUSTICE APPEALS, by COLONEL JEREMY STONE WEBER.
Prof. Berman at sentecing law and policy invites our attention to an interesting new decision from the Third. US v. Husmann, No. 13-2688 (3d Cir. Sept 3, 2014) (available here) . We all of us have an a client who is charged with distribution of CP because they were using…
In United States v. Blouin, ARMY 20101135 (A. Ct. Crim. App. 28 May 2014), the court has, in my view, taken a broader view of what qualifies as CP for the purpose of a guilty plea. However, the court is not taking an unknown or unvisited trail. Blouin was charged with…