Publications and Presentations

Law Reviews

Doctrinal Collapse: Smart Phones Cause Courts to Reconsider Fourth Amendment Searches of Electronic Devices. University of Memphis Law Review, Vol. 41, p. 233 (2010). Download .pdf

Courts Re-Examine the Application of Goldfinger-Era Electronic Tracking Cases to Law Enforcement Use of GPS Tracking Devices. University of Richmond Journal of Law and Public InterestVol. 14, p. 401 (2011). Download .pdf

Frequent Flyers at the Court: The Supreme Court Begins to Take the Experience of Criminal Defendants into Account in Miranda CasesSeton Hall Circuit Review, Vol. 7, p. 303 (2011). Download .pdf

Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing
Whittier Law Review, Upcoming (Summer 2012).

Non-Academic Press

Does Police Use of GPS Devices Need Supreme Court Guidance? – Law Technology News, April 12, 2011.

Courts Struggle With Police Searches of Cell Phones – Law Technology News, April 29, 2011.

The Social Media/First Amendment Face Off – Law Technology News, June 7, 2011.

Supreme Court to Decide GPS Case – Law.com, June 28, 2011.

Defining “Search” in U.S. v. Jones, Law technology News, November 10, 2011.

Can the Government Force the Surrender of Encryption Keys? Law technology News, April 11, 2012.

Ohio Court Addresses Text Messages and the Fourth Amendment, Law Technology News, April 25, 2012.

Seventh Circuit Addresses Audio Recordings and the First Amendment, Law Technology News, May 17, 2012.

Courts Still Divided on Police Searches of Cell Phones, Law Technology NewsJune 22, 2012

Podcast Guest Appearances

Digital Privacy and Your Smartphone

Lawyer2Lawyer Podcast by the Legal Talk Network.

Description:  The debate over digital privacy is making big headlines with a recent controversy surrounding iPhone/iPad location tracking. Attorneys and co-host J. Craig Williams welcome Joshua A. Engel, Vice President and General Counsel for the Lycurgus Group and author of the Stockycat blog and Jeff Hermes, Associate Director of the Digital Media Law Project and a Fellow at the Berkman Center for Internet and Society at Harvard, to discuss the controversy. Joshua and Jeff look at privacy, legal concerns with the collection and storage of information and current litigation.  Download MP3

Going Fourth:  Privacy Issues and GPS Devices

Law Technology Now Podcast.

Description:  As smartphones and GPS devices become increasingly sophisticated, your every move can be tracked and your every communication read by law enforcement. On the July edition of Law Technology Now, hostMonica Bay talks with consultant Joshua Engel, the “Fourth Amendment Guru” of the EDD Update blog, about privacy issues, and the U.S. Supreme Court’s announcement that it will hear a controversial case involving police planting a GPS device on the car of a suspected criminal.  Download MP3

Presentations

Ohio Attorney General’s Two Days in May Conference, May 2005.

Winning Domestic Violence Cases: The Use of Evidence Based Prosecutions and Stalking Charges

Ohio Prosecuting Attorney’s Association, June 2005.

Countering the “Virtual Pornography” Defense in Child Pornography Prosecutions

Ohio Attorney General’s Two Days in May Conference, May 2006.

Winning Domestic Violence Cases: The Use of Evidence Based Prosecutions and Stalking Charges

Ohio Prosecuting Attorney’s Association, June 2006.

Winning Domestic Violence Cases: The Use of Evidence Based Prosecutions and Stalking Charges

Ohio Prosecuting Attorney’s Association, April 2008.

Ohio Supreme Court Update

Great Lakes Law Enforcement Exposition, August 2008.

Search and Seizure Law Update

Ohio Prosecuting Attorney’s Association, June 2009.

Ohio Supreme Court Update

Great Lakes Law Enforcement Exposition, August 2009.

Search and Seizure Law Update

D.A.R.E. International Training Conference, July 2010.

Witness for the Prosecution: Evidence Based Prosecutions in Domestic ViolenceCases

Ohio Attorney General’s Office Law Enforcement Conference, September 2010.

Miranda and Sixth Amendment Update

Legal Tech West Coast, May 2011

Social Media and E-Discovery.  Criminal Investigation Perspective

Rosemont College Constitution Day, Sepetember 2011

We the Ppl of the Internet @ge:  The Intersection of the Constitution and Social Media

Whittier Law School Symposium:  The Law of the Smartphone, November 2011

Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing

College Sports Research Institute, April 2012

Penn State Investigations and the Avoidance of Conflicts of Interest Charges.

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