Author: Paul Richardson

Instant Scheduling with EGCR

We make things easy at Elizabeth Gallo Court Reporting, including Scheduling Depositions. 

 

Anyone can Instantly schedule a Court Reporter or a Videographers:

                          1) You just drop and drag your Deposition Notice.

2)Provide your contact information

3) Click submit and You are Done!

 

Through our Instant Scheduling, not only do you save a lot of valuable time, but you can get on task check off your to-do list in a matter of seconds!

 

Schedule With us Today!

e-Discovery Trends Affect How Social Media and Web Content are Preserved

It is no secret that the internet continues to be a daily part of life, interwoven into many of our important and not so important experiences. As a result, the practice of accurately preserving web-related content is growing within the legal field. Preservation of this information is necessary for both due diligence on a matter as well as for use as evidence in court. According to Page Vault’s 2018 e-Discovery Trends report, there are best practices that top litigators use when it comes to web content collection. Litigators who were surveyed work in a vast area of the law including intellectual property, personal injury, insurance fraud, class actions, employment law and general litigation.

 

Factors to Consider

 While Page Vault’s full report contains more detailed data, an article on Lexology.com notes the following items that all practicing lawyers should pay attention to:

  • Constant-changing behavior of online content causes potential risks – it is not uncommon for web content to have been edited, or even removed, when an attorney returns to the page. Indeed, 80 percent of those surveyed had this exact experience. Attorneys also later realized discoverable evidence was missed due to their unfamiliarity with the website or its platform;
  • Complex web content results in admissibility concerns – collection of complex web content has increased by as much as 43% since 2017. Issues litigators face when trying to discover entire websites and/or videos include proper collection and maintaining the evidentiary chain of custody, among others;
  • Metada collection about online content is crucial – best practices include collecting key metadata regarding web content to verify its authenticity no matter how the content is used for the case. Important metadata includes IP addresses, time stamps, geolocation data, social media time stamps, and HTML source codes;
  • Use of search engines – the survey showed that almost 90% of litigators use a search engine first (think Bing or Google) when looking for information on a case. These types of investigations can likely produce different closely related information.

Keeping Up with the Web Matters

Page Vault’s report focused on the trends for online content preservation in the legal field. Topics covered included admissibility issues and concerns, investigation and research methods, types of content collected by litigators, where relevant content is hiding on the internet, documentation practices for collecting metadata, and practices when collecting content that is potentially dangerous. If you or a colleague deals with online content on a regular basis in regards to discovery in clients’ cases, it is important to learn as much as possible to ensure you are protecting your clients’ rights and advocating properly for their position.

Law Enforcement Needs Warrant to Search Motorcycle on Driveway, SCOTUS Holds

The United States Supreme Court (SCOTUS) ruled in May that the automobile exception to the U.S. Constitution’s Fourth Amendment protection against unlawful searches and seizures forbids a warrantless search of a motorcycle parked in a driveway. The 8-1 ruling in Collins v. Virginia held that the automobile exception to the Fourth Amendment’s warrant requirement did not apply in the Collins case because the officer had intruded on the home’s curtilage. A home’s curtilage is the area adjacent to the residence into which the activity of home life spills out.

 

The Facts of the Case

 

Albemarle County, Virginia law enforcement officers unsuccessfully attempted to pull over a motorcyclist for traffic violations on two separate occasions. Each time the driver was able to escape the authorities. Police officers later learned that the motorcycle they were chasing was stolen. A suspect was identified based on a photograph that was posted on social media of the motorcycle parked in front of his girlfriend’s home. As a result of the Facebook posting of the motorcycle, a law enforcement officer drove to the location and removed the tarp that was covering the bike. The officer had not been invited onto the property nor did he have a warrant to search the property. The suspect was later arrested and told law enforcement that he purchased the motorcycle without a title. The suspect was charged with receiving stolen property.

 

The Court Rulings

 

The Virginia Supreme Court held that the police officer’s search was proper because there was probable cause and a warrant was not necessary under the automobile exception to the Fourth Amendment. First established by the SCOTUS in 1925 in Carroll v. United States, the automobile exception to the Fourth Amendment’s protections against unreasonable searches and seizures allows a law enforcement officer to search a vehicle without a warrant as long as there is probable cause to believe that evidence or contraband is located in the vehicle.

 

The United States Supreme Court reversed the decision, holding that the automobile exception did not apply. The reasoning was that the officer had intruded on the home’s curtilage. Writing the majority opinion for the Court, Justice Sotomayor noted that the automobile exception is based on the concept that vehicles are both extensively regulated and mobile; the exception accounts for the government’s interest in an expedient search of the vehicle. The exception does not, according to the SCOTUS, account for the “distinct privacy interests in one’s home or curtilage.” Justice Samuel Alito dissented, noting the search was entirely reasonable and did not constitute an unreasonable search and seizure.

Amanda’s Legal App of the Week

Here at Elizabeth Gallo, we love to explore apps to help create balance for our clients and colleagues working in the Legal Industry. Thus, we understand while maintaining our personal agendas, work can become intense as part of the process. Thus, some tasks, such as exhibit and transcript management can be overwhelming . Today, we explore an app that will help you obtain some privacy.

 

 

 

This week’s Legal app is Signal

Signal is a cool app that allows to send high quality group or private messages, calls, and video messages. Additionally with this app, one can make long distance calls without the the long distance fees.

What makes Signal unique is that calls or messages sent through the app are encrypted from start to finish. Thus, keeping your communication completely private and safe.

Signal is free to download on any Desktop, Android and Apple device.