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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
Showing 1 - 11 of 11 results
Charie appealed the district court's denial of his motion to suppress location information from a geofence warrant. This decision affirms the district court's decision. They do not find a privacy interest in location information or that obtaining 2 hours of Chatrie's data consituted a search due to user's ability to opt-out of Location History. Note the robust dissent that begins on page 36, which applies the Fourth Amendment to modern technology and highlights the likelihood that geofence warrants capture the movements of individuals in private spaces.
For attorneys representing criminal defendants, court decisions on search and seizure often seem to overwhelmingly favor the interests of law enforcement. This document compiles over 30 years of cases in which defendants and civil rights plaintiffs have prevailed. It hopes to provide raw material for criminal defense lawyers to fashion suppression motions, based on chronology and causation, that can enforce their clients’ rights against government overreach while supporting an expansive view of the Fourth Amendment’s protections.
Amicus Brief of the National Association of Criminal Defense Lawyers and the Tenth Circuit Federal Defenders for the Districts of Kansas, Oklahoma, New Mexico, and Utah in Support of the Appellant’s Petition for Rehearing En Banc
Police officers increasingly are deploying novel surveillance tools, such as cell-cite simulators, to gather evidence. Even when courts acknowledge that the surveillance was unconstitutional, often they decline to suppress the evidence based on the good-faith exception to the exclusionary rule. Laura Moraff offers three arguments defense attorneys can make when challenging the application of the good-faith exception in cases involving novel search technologies.
President Gerald Goldstein's written statement to the House Judiciary Subcommittee on Crime and House Government Reform and Oversight Subcommittee on National Security, International Affairs and Criminal Justice regarding government and law enforcement conduct in the 1993 confrontation between Branch Davidians and law enforcement in Waco, TX, and proposed changes in Exclusionary Rule Reform Act of 1995 (H.R. 666) and Violent Crime Control and Law Enforcement Improvement Act of 1995 (S. 3).
En Banc Amici Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Appellant Quartavious Davis.
Brief of Amici Curiae of the American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Florida, Inc., Center for Democracy & Technology, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.
Brief of Amici Curiae of the American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Maryland, Center for Democracy & Technology, Electronic Frontier Foundation & National Association of Criminal Defense Lawyers in support of defendants-appellants’ appeal seeking reversal.
Brief of Amici Curiae American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Michigan, Brennan Center for Justice, Center for Democracy & Technology, Electronic Frontier Foundation & National Association of Criminal Defense Lawyers in Support of Defendants-Appellants’ Seeking Reversal.
Brief Amici Curiae of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation in Support of Appellant’s Petition for Panel Rehearing and Rehearing En Banc