Computer searches by a private person, as opposed to law enforcement, can limit how evidence can be used against a person in court.

 

For computer searches by a private individual to be admissible, there must be “virtual certainty” between what the private person saw and what police were shown in order for the warrantless search to be considered valid.

revenge porn iconIn United States v Lichtenberger, 786 F3d 478 (6th Cir. May 20, 2015), addressed the “private search doctrine” as it relates to computers. Defendant’s girlfriend found child pornography on his computer and notified police. The police came and were shown images from defendant’s computer. At the suppression hearing the girlfriend testified that she did not recall whether she showed the police officer the same pictures on the computer that she saw initially.  The court determined that there must be “virtual certainty” that the same files the girlfriend saw were the ones the police officer saw.  If that was not the case, then a warrant was required. So the evidence from the search was suppressed.

Court’s are often reluctant to change existing law. However, there must be changes and updates as the times and technology changes. It is important that an experienced attorney review a situation to determine if an argument can be made for change in current law. It is creative thinking criminal defense lawyers that gave us the Miranda warnings and much of the law relative to searches and seizures.

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An experienced and passionate Michigan Criminal Defense Attorney has an important job in the justice system, which is why you need the best.

Michigan_Lawyer_Can_Help_YouA commonly asked question of a criminal defense attorney is “how can you defend someone you know is guilty?”  There are several answers to that question.  The first is that it does not matter what the criminal defense attorney thinks – what matters is what the judge and/or jury thinks.  Every person charged with a crime deserves the strongest possible defense! The second, and probably most important, answer is that a criminal defense attorney defends the guilty to protect the innocent.  As Sir William Blackstone stated in 1765, “It is better that ten guilty persons escape than that one innocent suffer.”  It is important to our society that the government be kept inline and in check. That is the job of the criminal defense attorney.  The attorneys at LEWIS & DICKSTEIN, P.L.L.C. take that obligation very seriously.  The government has overreached and overstepped many times and it has been the criminal defense attorneys that have protected citizens from the government’s wrongful actions.  It is the creative and forward thinking criminal defense attorney that have modernized our laws and brought them current to meet the needs and concerns of  the general public. There is no more important job then the job of making sure that the government does not interfere with the life of a citizen without first meeting all the appropriate standards and requirements in order to do so.

LEWIS & DICKSTEIN, P.L.L.C. is the cutting edge criminal defense firm that will help you with all your legal issues.

criminal defense attorney oakland miThe attorneys at LEWIS & DICKSTEIN, P.L.L.C. come from different backgrounds and experiences, but what they all have in common is the burning desire to help people charged with criminal offenses.  It is their goal to protect and defend a person’s rights and make sure that the government does not overreach. This is a hugely important job. It entails going up against essentially unlimited resources and money that can be used to steamroll a person into a conviction. This is why the lawyers that practice for LEWIS & DICKSTEIN, P.L.L.C. are so passionate at what they do. As the United States Constitution promises, “no one should be deprived of life, liberty or property without due process of law” and LEWIS & DICKSTEIN, P.L.L.C. makes sure that obligation is fulfilled every single time.  If you are in legal trouble, LEWIS & DICKSTEIN, P.L.L.C. has the experience, drive, passionate, and commitment to help.  Please call is at (248) 263-6800 for help or complete a Request for Assistance Form and one of our attorney will contact you.

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LEWIS & DICKSTEIN, P.L.L.C.