As a Criminal Defense Lawyer, I am often asked “Are my communications wiretapped?” and how prevalent the use of wiretaps or electronic monitoring of communications is by the government. There is a general concern in our society that many communications may be monitored by the government. This concern is not limited to those engaging in criminal activity.

Many are surprised to learn that the court authorized use of wiretaps or electronic monitoring by law enforcement is not as statistically widespread as one may suspect. On June 30, 2020, the United States Courts published its 2019 Wiretap Report. The report provides information as to wire, oral, or electronic intercepts that concluded between January 1, 2019 and December 31, 2019. (These statistics do not include interceptions subject to the Foreign Intelligence Surveillance Act of 1978).

Question: How many wiretaps were authorized by federal judges in 2019?

Answer: 1,417. (a 3% decline form 2018).

Question: How many wiretaps were authorized by state judges in 2019?

Answer: 1,808. (a 22% increase from 2018).

In sum, 3,225 wiretaps were authorized in 2019.

94% of the applications for the interception of communications involved portable devices, such as cellular telephones. Narcotics investigations and Drug offenses comprised 76% of all wiretap applications in 2019.

Although Federal and state laws serve to limit surveillance to a period of 30 days, that period can be extended if a judge determines an extension is warranted. The longest state-authorized wiretap came out of New York where the original order was extended 27 times in order to complete a wiretap investigation into corruption that spanned 756 days.

What is the average cost of a wiretap? The average cost of a wiretap in 2019 was $75,160.

It is important to remember that these statistics do not include any foreign intelligence intercepts and do not include circumstances involving a consenting party to the communication.

In 2019, 10,584 people were arrested as a result of wiretap investigations.

The next time a person wonders whether communications are wiretapped, it might be useful to gain statistical perspective from the available reports. The United States Courts full 2019 Wiretap Report: Orders and Convictions Increase is available by clicking this link:

2019 Wiretap Report: Orders and Convictions Increase

If you have a question for a Tampa Criminal Defense Lawyer, please call Attorney Ron Frey, The Frey Law Firm, LLC for a free initial consultation.

The Hillsborough County Bar Association (HCBA) held its Welcome Back Membership Reception last evening at The Vault in downtown Tampa. It was a wonderful evening and event and demonstrated the strong collegiality and professionalism amongst the members of the Hillsborough Bar.

Tampa Criminal Defense Attorney Ron Frey, The Frey Law Firm, is an active member of the Hillsborough County Bar Association. The HCBA is a voluntary bar association in Tampa, Florida and has nearly 4,000 members consisting of judges, lawyers and other legal professionals. The HCBA’s stated mission is to promote respect for the law and the justice system through service to the legal profession and the community. The HCBA contributes greatly to both the Tampa legal community and the greater Tampa region.

The HCBA event at The Vault in downtown Tampa, Florida

HCBA at The Vault in Downtown Tampa – Membership Event

If you are in search of a Tampa Attorney, please do not hesitate to contact Attorney Ron Frey and The Frey Law Firm for a free initial consultation. Attorney Frey is an experienced criminal defense attorney who serves clients in Tampa, Florida and beyond. We look forward to speaking with you.

Tampa Criminal Attorney Ron Frey established The Frey Law Firm’s primary office in Tampa, Florida in order to better serve his clients charged with criminal offenses in Hillsborough County and beyond. If you are under investigation, or have been charged with a misdemeanor or felony offense, please do not hesitate to contact our office for a free initial consultation with an experience Criminal Defense Attorney in Tampa, Florida.

If you have questions regarding a Tampa Computer Crime, or if you are under investigation and would like to speak with a Tampa Computer Lawyer or Tampa Internet Attorney, please contact our office or visit us on the web at our Internet Crime Attorney website, InternetCrime.com.

The Frey Law Firm and Attorney Ron Frey successfully defended an air traffic controller and firefighter who was indicted for alleged crimes involving a purported weapon of mass destruction. Following nearly two years of exhaustive review and litigation, all charges were completely dismissed.

In a televised interview with WSOCTV, Channel 9 News, Attorney Frey maintained his client’s innocence: “From the start, [our client] has denied any wrongdoing in this case, and we’ve always said we’ve looked forward to addressing this in court.”

“Obviously, we’re very pleased with the decision to dismiss the charges and as a respected firefighter, paramedic and EMTand air traffic controller, [our client] looks forward to moving on with his life.” Frey told WSOCTV, Channel 9 News.

If you, or someone you know, is in need a consultation with a Tampa Criminal Defense Attorney, please contact The Frey Law Firm today for a free initial consultation.

Tampa Criminal Attorney Ron Frey represents clients who are facing criminal investigation or who have been charged in State or Federal Court. If you have a question, or are facing charges, please contact our office today for a free initial consultation.

Autonomous Vehicles have the potential to dramatically alter the legal landscape. Although traffic stops are not systematically tracked around the country, it is reported by OpenPolicing.Stanford.edu that “Police pull over more than 50,000 drivers on a typical day, more than 20 million motorists every year.” Further, in 2017 alone, the National Highway Traffic Safety Administration reported that there were an estimated 6,452,000 police-reported motor vehicle crashes in the United States, resulting in 37,133 fatalities and 2,746,000 people injured. How will these numbers be impacted by Tesla Autopilot and the rise of autonomous vehicles?

Motor Vehicles and the Legal System

From traffic and criminal courts, to civil and probate courts, our justice system is saturated with cases that originate from police interaction with motorists and motor vehicle crashes. From wrongful death cases, to worker’s compensation claims, to drug and weapons charges, there is a wide variety of cases involving motor vehicles.

Tesla & Autonomous Vehicles

Tesla & Autonomous Vehicles

We live in an age of rapidly accelerating technological advancement. We are on the precipice of another significant modification to our everyday lives. I have followed with great interest the progress being made by Elon Musk and Tesla over the years with respect to autonomous vehicles. The roll-out of their hardware and software is methodical and remarkable. Their current vehicles, as of April 2019, offer Autopilot and “Full Self-Driving Capability” which has been interpreted to mean that the hardware and processing power within the onboard computer are capable of full self-driving and that as the system improves and regulatory agencies allow for it, software updates will be released that will continue to expand the autonomous capabilities of the fleet. It is not a matter of if Tesla vehicles will be fully autonomous, it is only a question of when. I suspect these developments will come much sooner than expected.

Autonomous Vehicles, Law Enforcement & the Criminal Justice System

According to the Bureau of Justice Statistics, the most common reason for contact with the police is being a driver during a traffic stop. According to reports, there are over 50,000 traffic stops by law enforcement per day in the United States. As a result, traffic courts swell with people who have been cited with various traffic infractions and citations. From morning court to night court and in small towns and big cities throughout our country, traffic citations fill courthouses with litigants, witnesses, administrators, law enforcement officers, judges and lawyers. The costs of traffic citations to those cited can be severe. Fines, court costs, opportunity costs, lawyer fees, license suspensions, insurance points, rate hikes, lost time and more. On the government side, the costs of enforcing traffic violations are immense. However, there is also a large revenue stream from the payments of the various fines and costs associated therewith.

As a criminal defense attorney, I can attest to the fact that many criminal cases commence with traffic stops. Traffic stops uncover all types of alleged criminal activity, including drug trafficking, weapons charges, probation violations, theft charges, DUI charges, open containher violations, and almost any other offense one can imagine. Further, since traffic stops are the most common reason for contact with law enforcement, they result in a large number of arrests for outstanding warrants. As a result, law enforcement at every level devotes a great deal of time, resource and personnel to traffic enforcement.

The Evolution to Autonomous Vehicles

Imagine a world where the majority of the vehicles on the road, if not nearly all of them, are fully autonomous and operated by way of onboard computers receiving data from cameras, radar, GPS and other sources. Imagine these vehicles are many times safer than any vehicle operated by a human. So safe, in fact, that any human intervention into the operation of the vehicle would only increase the risk of error or crash. Imagine a world where we are all passengers within our autonomous vehicles. Vehicles that continue to become safer over time as more data is gathered and as processing power and sensor technology continues to improve. Imagine a world where car accidents are extremely rare, perhaps to the point that they are nearly eliminated.

On April 12, 2019, Elon Musk sat down with Lex Fridman of the Artificial Intelligence (AI) Podcast. It was a fascinating interview. Elon opines that maybe by the end of this year, “having a human intervention will decrease safety.” He uses the example of elevator operators from the past and how the automated elevators of today are far safer and any human intervention into that system would only serve to increase risk unnecessarily. Tesla is expected to have further announcements with respect to autonomous vehicles on April 22, 2019. Their technology will continue to advance and disrupt industries and change the transportation environment as we know it.

Elon Musk Appearance on the Artificial Intelligence (AI) Podcast with Lex Friedman

The End of the Traffic Stop?

Imagine a world where vehicle safety improves exponentially year over year as more autonomous cars and trucks enter upon our roadways. Efficient, safe, and lawful driving will be the norm. In order for law enforcement to stop a vehicle, there must be reasonable suspicion that a traffic violation has occurred or criminal activity is occurring. Most traffic stops involve speeding, failure to stop, following too closely, weaving, and many of these stops result in the issuance of traffic citations or criminal charges for other criminal offenses. It is interesting to ponder a future where autonomous vehicles navigate with efficient, lawful and safe precision. Of course, there will still be reasons to stop in certain circumstances, but the numbers will likely be greatly diminished when compared to our current transportation environment.

If these results come to fruition, it should be cause for celebration. After all, traffic citations are the result of alleged conduct that our communities, through legislation, have determined to be detrimental to the health, safety and welfare of society. However, a world without traffic stops, or with dramatically less traffic stops, will have a significant impact upon the resources of state and local governments, both the expenditure of resource and the collection of fines and court costs. Entire groups will be impacted, including law firms and attorneys who litigate traffic tickets, prosecutor’s offices, court administrative staff and law enforcement branches. Autonomous vehicles will have a potentially disruptive impact upon the traffic court system.

Criminal Investigations and DUI Offenses

The impact of autonomous vehicles will also be felt in the criminal justice system. Are autonomous vehicles the ultimate solution to the continuing problem of driving under the influence? Will these types of charges and crimes be a relic of the past? If so, that alone would have a significant impact upon the operations of local court systems, prosecutor’s offices, law enforcement and DUI defense attorneys. Obviously, the benefits of not having intoxicated drivers on the roads would be tremendous. If autonomous vehicles fulfill their potential, the increase in safety on our roads and highways will be incredible. I previously composed a blog post about the first DUI arrest, https://freylegal.com/the-first-dui-arrest-drunken-cab-driver-1897/ perhaps a blog can be written in the near future about the last DUI arrest. Only time will tell.

In addition to DUI offenses, the precise operation of autonomous vehicles should generally remove the reasonable suspicion that is so often relied upon to effectuate traffic stops that are often pre-textual in order to investigate other possible crimes, such as drug offenses. If autonomous vehicles essentially remove the possibility of weaving, distracted driving, following too close, speeding, and various stop sign and other violations, the ability for law enforcement to stop motorists will be much more limited than it is in the current environment where it is not difficult to establish reasonable suspicion to stop a vehicle. The impact of autonomous vehicles on the criminal justice system will likely be quite significant.

Personal Injury and Car Accident Litigation

The promise of autonomous vehicles is the ability to minimize the risks associated with human error and maximize the processing power, speed and awareness of the onboard computer to ensure the most safe motor vehicle operation possible. As the technology improves and becomes more widespread, we can only expect that car accidents will decrease, as well as personal injuries and fatalities associated therewith. This would be absolutely tremendous and will save countless lives and keep so many safe from injuries that would have otherwise been sustained. This could have incredible economic benefits and could reduce healthcare costs, insurance costs and so much more. It will also have a significant impact upon the legal system, the courts, and plaintiff and defense law firms as the number of personal injury cases rapidly declines.

The Future

The changes in our society always end up with corresponding changes in the types of cases and evidence that enter into court. Autonomous vehicles will change the legal landscape in so many unpredictable ways. New types of issues will certainly arise, new legislation will be passed, and new causes of action will be explored. In looking at the current trends, I expect all car companies will follow Tesla’s lead and rapidly deploy new capabilities with respect to autonomy. The potential is simply incredible, and if only partially realized, the societal, economic and legal impacts will likely be much more significant than expected.

Lincoln’s Last Trial – The Murder Case That Propelled Him to the Presidency – By Dan Abrams & David Fisher

Abraham Lincoln is remembered for many things, most notably his presidency, the civil war, and the abolition of slavery. What many may not realize is that Lincoln was an active and seasoned attorney who handled a wide range of cases involving everything from simple civil contract disputes, to complex corporate railroad litigation. It may come as a surprise to learn that Lincoln also served as an attorney for those accused of criminal conduct. Abraham Lincoln was a criminal defense lawyer.In Lincoln’sLastTrial,wefindLincolnfighting forayoungmanaccusedofmurder.

Abraham Lincoln – Criminal Defense Lawyer

Throughout his career Lincoln represented clients charged with a wide range of criminal offenses, including forgeries, rape, attempted murder, murder, and everything in between. Lincoln’s Last Trial takes the reader back to Springfield, Illinois in 1859 and the murder case against Quinn “Peachy” Harrison.

The Facts

Lincoln was retained to represent Mr. Harrison, a young man charged with the murder of another young man, Greek Crafton. It was alleged that Harrison brutally slashed Crafton with a hunting knife during an altercation with Crafton and his brother, while within a small Springfield general store. Crafton had a deep cut in his stomach that went from one side of his body to the other. The wound was gruesome and Crafton’s bowels had to be pushed back into place by a doctor. He was on his death bed in agonizing pain for three days before passing. Harrison was arrested and charged with murder. The prosecution claimed that the act was premeditated and planned by Crafton in advance. If convicted, the sentence was the death penalty, by way of a public execution (hanging). Harrison’s family retained Lincoln to represent him.

The Defense

Harrison claimed he acted in self-defense. He alleged that Crafton and his brother had threatened him on a previous date and that they viciously attacked him within the store. Ultimately, the case would be decided by way of a jury trial with Abraham Lincoln for the defense.

Criminal Procedure

The book is a true story that is primarily told by way of a court reporter’s transcript that was produced during the trial. It is fascinating to observe the many similarities between a modern day criminal case and a criminal case from 1859.

In many respects, the procedures in 1859 were quite similar to those employed today. There was a jury trial with a twelve person panel; over one hundred people were questioned during voir dire, or jury selection; there was a claim of self-defense; there was litigation and pre-trial hearings on issues involving hearsay; there were alleged statements made while on a deathbed; and many other evidentiary issues. However, there were many noteable differences as well. For instance, the law in Illinois at the time restricted those serving on a jury to naturalized white males who were property owning citizens.

Over seventy-five witnesses were subpoenaed and most testified at some point during the pre-trial hearings and trial proceedings. The trial itself carried with it all of the suspense you would expect from a murder case that rocked a very small and tight-knit community, where everyone knew everyone else.

The case involved eyewitness testimony, credibility contests, expert testimony from a doctor, dying declarations, tactical maneuvers by the prosecution and defense, questions from the jury and more.

Abraham Lincoln – Criminal Defense Lawyer

Lincoln’s skill as a trial attorney is exhibited throughout the book. From his storytelling technique, to the manner with which he framed his arguments, it is apparent that he had an extremely persuasive and impactful approach. The book provides anecdotal looks into other cases Lincoln handled, including an interesting story about a women he represented who was charged with the murder of her husband. The book details her apparent escape as a fugitive from justice following her consultation with Lincoln, and some of the rumors that followed. These interludes, as well as anecdotes regarding Lincoln’s law partners and his law office (he didn’t lock the doors, panes of glass were missing, and the office was so cluttered that there was dirt and plants growing in the corner), make for an interesting read.

The book provides profound insight into the legal system and the right to a trial by jury. This trial was late in Lincoln’s career as an attorney and shortly before his nomination as a presidential candidate by the Republican Party in 1860. Like President John Adams before him, one of our nation’s greatest leaders served as a criminal defense lawyer for those accused of the most heinous of crimes.

This murder case was not a singular event for Lincoln. He appeared in approximately twenty-seven murder cases throughout his career as an attorney. In addition to representing the accused in cases, he also served as a prosecutor in others. The book discusses how he was once offered two-hundred dollars to represent a City and prosecute a case against alleged murder suspects. He turned down the offer and instead represented one of the accused for a quarter of that amount.

The role of the criminal defense attorney is as vital to our functioning system of justice as any other role within the system. In order to get the most accurate results, it is imperative that the accused have not just adequate representation, but a skilled attorney who has the time, resource and experience to defend his or her client against the government’s allegations. When prosecutors, defense lawyers, judges, and juries all perform their roles to the best of their abilities and within the bounds of the law, tragic errors are generally minimized, the truth can be determined, and justice can be secured.

Lincoln’s Last Trial is a great read for those interested in the roots of our criminal justice system, American history, Abraham Lincoln and the law.

Reviewed by Attorney Ron Frey

• Hillsborough Sheriff Unveils Body Cameras in Tampa
• Tampa Criminal Attorney Ron Frey
• “Are my Communications Wiretapped?”
• Hillsborough County Bar Association Event in Tampa
• All Charges Dismissed Against Air Traffic Controller & Firefighter

The Frey Law Firm is pleased to announce that Attorney Ron Frey has been selected once again for inclusion as a Super Lawyer for 2019! This special honor is reserved for lawyers who exhibit excellence within their area of practice. Tampa Attorney Frey is a criminal defense lawyer who is widely known and recognized as a zealous advocate for his clients.

DISTINCTIVE HONOR

Less than 5% of attorneys are recognized as a SuperLawyer. Attorney Frey was first selected as a Rising Star by Super Lawyers in 2010 and has been recognized by Super Lawyers each year since.

Tampa Criminal Defense Lawyer Ron Frey – SuperLawyer Selection – 2019.

Super Lawyers are selected following a rigorous peer-reviewed process based upon the attorney’s achievements and experience. Attorney Frey and The Frey Law Firm are committed to excellence in the representation of their clients. The Frey Law Firm has offices in Tampa, Florida, Charlotte, North Carolina and Cleveland, Ohio.

CONTACT THE TAMPA CRIMINAL DEFENSE LAW FIRM

If you have a legal issue or question, please do not hesitate to contact Tampa Criminal Defense Attorney Frey and The Frey Law Firm for a free initial consultation and review.The firm has offices in Hillsborough County and serves clients throughout the State of Florida.

If you, or someone you know, is in need of a Tampa Criminal Defense Lawyer or is under investigation or has been charged with a criminal offense, please contact our law firm today.

• Hillsborough Sheriff Unveils Body Cameras in Tampa
• Tampa Criminal Attorney Ron Frey
• “Are my Communications Wiretapped?”
• Hillsborough County Bar Association Event in Tampa
• All Charges Dismissed Against Air Traffic Controller & Firefighter

Tampa Criminal Defense Lawyer Ron Frey and The Frey Law Firm, LLC are located in downtown Tampa close to the Old Hillsborough County Courthouse at 419 Pierce Street and the Thirteenth Judicial Circuit Courthouse (Edgecomb Courthouse) located at 800 East Twiggs Street. This convenient office location enables the Tampa Defense Firm to serve its clients even more effectively.

The Frey Law Firm, LLC is conveniently located in the heart of Tampa at 625 East Twiggs Street, Suite #101A, Tampa, Florida 33602. The Law Firm’s Tampa Office is fully equipped with spacious conference rooms and comfortable reception areas in order to provide a relaxed and professional environment for the clients the firm serves.

PRODUCTIVE ENVIRONMENT FOR CLIENTS AND ATTORNEYS

In addition to the comfortable working environment within the law office, the courtyard outside the Tampa office offers a unique oasis in the heart of downtown and within walking distance to all of the Tampa Courts. Situated next to the Old Hillsborough County Courthouse and the Edgecomb Courthouse (Thirteenth Judicial Circuit Court) in Tampa, Florida, The Frey Law Firm’s location enables clients to meet with Attorney Frey in the comfort of the office before or after court appearances, as needed.

CALL THE TAMPA CRIMINAL DEFENSE LAW FIRM TODAY

If you are facing criminal charges in Tampa, Florida, please do not hesitate to contact Tampa Criminal Defense Attorney Ron Frey and The Frey Law Firm, LLC for a free initial case consultation. Attorney Frey has represented clients in complex criminal matters for nearly fifteen years. His experience and commitment to achieving the best result possible for his clients has been recognized by a number of legal organizations. As a Lifetime Member of the National Association of Criminal Defense Lawyers (NACDL), Attorney Frey is well-versed in the strategies required to defend a criminal case strategically and aggressively and the results achieved demonstrate the effectiveness of the representation.

For a view of the courtyard outside of the Tampa Criminal Defense Law Firm, The Frey Law Firm, LLC, click below:

If you or someone you know has a question regarding criminal law in Tampa, Florida, call The Hillsborough County Criminal Defense Law Firm today. Attorney Frey is prepared to represent you in the Tampa area and beyond. Take action and contact us today.

According to reports, on September 10, 1897, a drunken motor cab driver in London, England was arrested for drunk driving (DUI) after crashing his vehicle. The driver entered a guilty plea and was fined.

The American Bar Association tweeted out the following image from a newspaper article that provided details of the arrest and subsequent case:

It is interesting to note the following from this article:

First, apparently “driving furiously” was an actual infraction or crime that could have been charged, but was not. Instead, the report indicates that the charge was for “being drunk.”

Second, the “divisional surgeon” was called upon and was able to certify that the Defendant was drunk. Whether or not a driver is impaired is typically one of the main issues in dispute when challenging an allegation of driving under the influence or driving while intoxicated or operating a vehicle while intoxicated (DUI/OVI). There are a series of tests that are employed in the modern era, including the breath test, blood test, and a variety of field-sobriety tests. These tests, and their results, are subject to criticism by DUI Defense Attorneys with respect to their methodology, employment, and reliability.

Next, it is interesting that a dispute is recorded as to the speed at which the vehicle was traveling. The driver claimed a speed of perhaps six (6) m.p.h. The constable alleged eight (8) m.p.h. It is interesting how these disputes seem to echo throughout the centuries. As long as there are vehicles and authorities, disputes regarding speed, speeding tickets and speeding allegations are here to stay.

Finally, according to the article, the driver admitted to consuming “two or three glasses of beer.” This is the same type of admission that is repeated so often by those charged with DUI and DUI offenses that it is often a standard expectation that the police report will contain an admission to consuming “a couple beers.”

Although much has changed, so much has remained the same. If you or someone you know has a question regarding a traffic ticket in Tampa, Florida or needs to speak with a Hillsborough County DUI Lawyer, please contact Tampa Criminal Defense Attorney Ron Frey of The Frey Law Firm today.

President Donald Trump’s former personal attorney, Michael Cohen, pleaded guilty in the Southern District of New York yesterday. As a result, journalists, commentators, and attorneys were again confronted with the question: Is it correct to say he pleaded guilty, plead guilty, or pled guilty?

Whenever a criminal case gathers widespread attention on social media, readers are confronted with all of the variations of pled, pleaded, and plead. This is true whether it is a plea of guilty or not guilty. Inevitably, media outlets utilize one, or a combination, of all three approaches. Thereafter, the Internet grammar police issue scathing citations and corrections. The Michael Cohen plea provided a unique opportunity for media outlets, pundits and even the President of the United States to utilize pleaded, plead, or pled. Here is a sampling:

As you can see in these examples, the variations are numerous. Perhaps this problem exists because none of the options seem correct. According to Bryan A. Garner, the Editor in chief of Black’s Law Dictionary and author of Garner’s Modern English Usage, it is correct to utilize “pleaded,” not “pled.” See, @BryanAGarner tweet, 8-22-18 12:08 a.m.

IN PRACTICE

The practical problem with pleaded, plead, and pled seems to be that no matter which term you utilize, many of your readers, even those within the legal profession, will wince at your choice and believe you made a grammatical error. A Westlaw or Lexis search for these terms will demonstrate how often they are utilized, whether correctly or incorrectly, within formal filings, including court opinions.

ALTERNATIVES

In order to avoid the practical problems and pitfalls with pleaded, plead, and pled, I often utilize the following language:

“The Defendant entered a plea of guilty to ____________.”

or

“The Defendant entered a guilty plea to ___________.”

I am sure that there are grammar police who will disagree vehemently with this approach. However, I must plead with them, and am positive many have already pleaded with them, and some others may have already pled with them, that this issue causes confusion to readers and authors whenever there is national news involving an arraignment or deal and perhaps it is best to simply avoid it when possible.

The general perception seems to be that homicides involving firearms are on the rise. However, the headlines from HumanProgress.org read otherwise: “Firearm Related Homicide has Fallen 28% in the U.S. since 1990.” Although it seems unbelievable, that is what the statistics from HumanProgress.org demonstrate. The statistics and methodologies are outlined within their articleHomicide Rate from Firearms.This raises the question, why does it seem that violent crime is on the rise, even if that may not be statistically accurate? Is it reality, our perception, or the prevalence of Surveillance and digital evidence? Tampa Bay Criminal Defense Attorney Ron Frey will explore this question in greater detail below:

PERVASIVE SURVEILLANCE

Many may recall a time when you could go outside, go to the store, go through an intersection, knock on a neighbors door, and walk your dog at the park all without being recorded by a single surveillance camera. Today, this would be nearly impossible to accomplish. Stop and look around next time you are near, or within, a commercial establishment. Take note of the number of cameras that are present. Next time you are at a busy intersection look up and see how many cameras are surveying the area. In many cities, it is routine to have surveillance cameras at major intersections and elsewhere. Combine this with the fact that most Americans are carrying incredibly advanced digital cameras on their person in the form of a smartphone. These devices easily capture crisp clear video and audio and can record for extended periods of time. Gone are the days of significant public events being left undocumented by way of video or photographic evidence. This pervasive state of surveillance is apparent. (It seems Bigfoot and the aliens who used to visit so often prior to everyone having easy access to recording devices also received the memo.)

CAMERAS ARE EVERYWHERE

In 2014, it was estimated that there were approximately 245 million surveillance video cameras active and operational.As a result of all of this recording, it has become commonplace within the courts to encounter significant evidence that is captured by way of video recording and surveillance. I received a packet of discovery in a case involving an alleged breaking and entering that included multiple discs of video footage from around the city that purported to show my client riding within a certain vehicle. The footage was crisp and spanned multiple roads, highways, and intersections.

In addition to the surveillance employed by the government, at the local, state and federal levels, the costs of home security video systems has dropped drastically and the quality continues to rise. Whether it is a Nest camera system or a Ring doorbell, the number of residences and small businesses with video recording systems continues to increase. As a result, the evidence within courtrooms across the country often include video surveillance footage from these devices.

PERVASIVE SURVEILLANCE + CRIME

When pervasive surveillance is combined with criminal activity, the result is often horrifying depictions of the crime being carried out. This is especially true with respect to violent crime. However, it is not uncommon for all kinds of criminal activity to be captured by surveillance cameras. Whether it is a theft attempt, a trespasser, or a violent robbery, video footage is often captured as part of the investigation.

In addition to all of the cameras utilized by companies, individuals and municipalities, law enforcement continues to expand its use of video surveillance. When I first began practicing law, it was rare to have a case that involved any video footage. At that time, most law enforcement vehicles were not equipped with any dash cameras and the ones that did have dash camera capabilities seemed to fail often. Today, law enforcement generally employs dash cameras, body cameras and surveillance cameras within their booking and interview (interrogation) rooms. As a result, many cases now include hours of video surveillance evidence. For instance, in a typical DUI or DUI case, it is common to have dash cam footage from multiple vehicles, camera footage from within the cruisers, footage of the booking room and footage within the room where the breathalyzer or other tests are administered.

PERVASIVE SURVEILANCE + CRIME + MEDIA

We live in the era of the 24/7 news cycle. Our society consumes media very differently than it did even a decade ago. The written word and print media continues to lose ground to the audio-visual elements broadcast by the major news outlets. Viewers are now exposed to footage from around the world, often including crisp and clear video. Out of the billions of people around the world and the 100’s of millions of digital cameras collecting footage, it is not difficult to fill the cycle with engaging and often dramatic content.

Crime reports and descriptions of criminal activity are no longer limited to the written or spoken word. Reports on criminal activity often include video of the crime actually occurring. Even if that footage is not available, there is often footage of the suspect being arrested, appearing in a booking room, or appearing in court.

Prior to the advent of pervasive surveillance, it was a rare sight to see a recording of any crime actually taking place. Even in the cases where video footage may have been available to the criminal defense lawyer, whether from a casino or bank, the footage was often grainy and in black and white. This is no longer the case. Most of our phones are capable of recording high-definition content.

PERVASIVE SURVEILANCE + CRIME + MEDIA + SOCIAL MEDIA

Social and online media continues to grow exponentially. The ability for a person to simply broadcast live from their phone in high-definition was completely unheard of until very recently. Whether it is YouTube, Livestream, Facebook, Periscope, or Twitter, the number of platforms available to distribute content to millions of users continues to expand.

As a result, the number of crimes, violent and otherwise, that are readily available for viewing at any time continues to expand. I often come across a video on my Facebook feed about an incident on a subway, or a fight at a schoolyard. After watching the video that often depicts a crime of violence, you are immediately fed a stream of sometimes 100s of other videos related thereto and depicting additional incidents of fights and crimes and violence. This is true for all of the major platforms.

Viewing criminal activity and acts of violence’s a different impact than simply hearing about the conduct or reading about it. We are regularly confronted within our social media feeds with depictions of violence and criminal activity. Some of it is shared and promoted to seemingly increase ratings. Some watch because it is dramatic, and sometimes it is apparent that it is broadcast due to the entertainment value. How many videos of robberies gone wrong are there where the suspects fall through the roof of the store, or engage in some other conduct that is more entertaining than traumatic for the viewer.

Our continued exposure to crimes and video depictions of violence impacts our perception. It has an effect on how we view the world. It seemed that prior to the pervasive surveillance, the footage that we were exposed to was very infrequent. When we were exposed to the footage, it was almost a national event. Whether it was the Kennedy assassination footage, or the Rodney King beating, the footage of dramatic criminal conduct was often few and far between. Now, an avalanche of content is a click or tap away.

PERVASIVESURVEILLANCE+ (ALLEGED) CRIME + MEDIA + SOCIAL MEDIA + LAW

Digital video footage of alleged criminal activity is found on the news, in our social media feeds and, most significantly, within our courts. As Tampa Baycriminal defense lawyer, I have witnessed first-hand this evolution within our criminal justice system. The number of cases involving some sort of surveillance footage continues to rise. It seems technology is recording nearly all of our activities. (Smart mattresses can even detect alleged infidelity). Even in cases that do not include any video footage, the question is often raised: “Where is the video?” – As a criminal defense lawyer, I am always looking to investigate the integrity of the evidence against my client and the nature of the investigation the law enforcement conducted. A comprehensive investigation should include the gathering of any and all relevant evidence. There are times when video surveillance footage or digital evidence is not properly preserved. This can lead to significant issues in the litigation of the case.

If trends continue, we can expect that surveillance will become even more pervasive than it already is. With the advent of wearable technology (watches, glasses) and the continuing declining costs of such devices, one can only guess as to how much of our daily life will be recorded. In court, this evidence, or the lack thereof, can often benefit one side or the other and can often greatly assist in determining the truth of the matter. However, as to whether all of this surveillance is a net-positive or negative for society, that remains to be determined.

If you have questions, please do not hesitate to contact the Tampa Bay law firm and Tampa Bay Criminal Defense Attorney Ron Frey.

In the Carpenter case, the FBI obtained 12,898 location points that recorded the Defendant’s location over a period of 127 days. The FBI secured the data from the wireless carriers without first securing a warrant based upon probable cause. Was a warrant required?

Wireless carriers collect data associated with their customer’s usage of their services. Cell phones connect to antennas known as “cell-sites” and the companies store this data for a variety of business purposes. As a result, these records are able to record information pertaining to the location of a particular cellular phone at particular times. In the Carpenter case, the FBI was able to secure the phone numbers of robbery suspects. The investigators and prosecutors secured a court order, pursuant to the Stored Communications Act, whereby the wireless carriers were required to produce the requested cell-site records. However, the standard to obtain an order under the Stored Communications Act is much lower than the probable cause standard that is required to obtain a valid search warrant. Specifically, the Act simply required the Government to show “reasonable grounds” for believing that the records were “relevant and material to an ongoing investigation.” 18 U. S. C. §2703(d).

Motion to Suppress

The Defendant in Carpenter filed a Motion to Suppress the evidence associated with the cell-site location data. The Motion argued that the Fourth Amendment Right to be Free From Unreasonable Searches and Seizures was violated when the Government seized the records without first securing a search warrant that was supported by probable cause. The trial court denied the Motion to Suppress and Carpenter was convicted. The first appeal went to the Sixth Circuit Court of Appeals. The Appellate Court upheld the conviction and affirmed the decision of the trial court. The Supreme Court of the United States overturned the decision and held that the provision under the Stored Communications Act falls well short of the probable cause standard required for the issuance of a search warrant. As such, the Act is not a permissible mechanism for the Government to utilize to secure historical cell-site records.

The Fourth Amendment

Within the Syllabus to its Opinion, the Court noted that the Fourth Amendment protects not only property interestsbut certain expectations of privacy as well. Katz v. United States, 389 U. S. 347, 351. Thus, when an individual “seeks to preserve some- thing as private,” and his expectation of privacy is “one that society is prepared to recognize as reasonable,” official intrusion into that sphere generally qualifies as a search and requires a warrant sup- ported by probable cause. Smith v. Maryland, 442 U. S. 735, 740

The Third-Party Doctrine

The Government argued that the “Third-Party Doctrine” was applicable in Carpenter because cell-site records are voluntarily provided to the wireless carriers by the user through the use of their networks. As such, the Government contended, the records were “business records” and since they were shared by the user, there is much less of a reasonable expectation of privacy in the information since it was already shared with a Third-Party, the wireless carrier.

The Supreme Court rejected these arguments and found that the cell-site location records were of such a nature, that there was “a world of difference” between the type of personal information collected by way of the cell-site location records and the information collected in other cases. The detailed and revealing contents of the cell-site location records are such that a “mechanical application” of the Third-Party Doctrine is improper.

What are the Implications of the Carpenter Decision?

The Court noted that its decision in Carpenteris a narrow one that does not call into question other more traditional surveillance methods by the government, or the appropriate application of prior precedent associated with the Third-Party Doctrine. However, it is apparent that the Court has not disregarded the Fourth Amendment implications associated with advances in technology, which often provide great benefit, while simultaneously revealing intricate, exhaustive and encyclopedic personal details to third-party companies.

Expect defense attorneys to raise arguments, where appropriate, that incorporate the Carpenter decision going forward in any case that involves cell-site location records that were obtained without a search warrant supported by probable cause, but also in other cases where the Government secures data and records from third-parties and where the Defendant has a claim of a legitimate expectation of privacy analogous to the circumstances in Carpenter.

If you have a question regarding the Fourth Amendment, Motions to Suppress, or are in need of a criminal defense lawyer, we invite you to contact The Frey Law Firm today for a consultation. To learn more about Attorney Frey and The Frey Law Firm’s commitment to defending those charged with crimes involving computers, the Internet, or data storage devices such as cellular telephones, please visit our InternetCrime.com website for more information.

The Tampa Convention Center hosted the Special Operations Forces Industry Conference in May of 2018. Tampa was once again treated to an incredible Special Forces Demonstration.

It is estimated that 22,000 military veterans reside in Tampa, Florida. The City is home to U.S. Central Command and the U.S. Special Operations Command Center. It is only natural that the Special Operations Forces Industry Conference would choose Tampa as its conference destination.

The conference offers a number of events, exhibits, networking opportunities for those within the industry. A highlight of the conference, open to the general public, is the demonstration that occurs outside the Tampa Convention Center. Video footage of portions of the incredible demonstration can be viewed below and on our Youtube page.

The State of Florida has a number of initiatives with respect to military members and military veterans and the justice system. Specifically, a number of Veterans Courts have been established in jurisdictions within Florida and around the country. These courts were created in order to better serve veterans within the justice system. For more information, please visit FLCourts.org.

If you have a questions with respect to the Florida courts, or would like to consult with a Tampa Criminal Defense Lawyer, please do not hesitate to contact Attorney Ron Frey of The Frey Law Firm for a consultation.

“They didn’t read me my rights.” At some point during the representation, a majority of my client’s will enthusiastically inform me that the police never read them their Miranda Rights. What happens if the police do not read a suspect his or her rights? The Fifth Amendment to the United States Constitution provides that “no person shall be compelled in any criminal case to be a witness against himself.” The United States Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966) held that the privilege against self-incrimination also applies to the pre-trial interrogation of the accused.

Police Do Not Always Have to Read a Person His or Her Miranda Rights

Many are surprised that there is no rule that law enforcement must read a person his or her Miranda Rights every time they detain a person, or even every time a person is placed under arrest. Certain conditions must be present in order for the Miranda Rights requirement to trigger. The person must be:

1. In custody; and
2. subject to interrogation by law enforcement.

If a person is not in custody, then there is no requirement that the Miranda Rights be read prior to questioning. Similarly, if a person is in custody, but is not questioned or interrogated, then there is no requirement that their Miranda Rights be read. Only when a person is in custody and interrogated, is the requirement activated. Specifically, law enforcement is required to properly advise the person of the right to remain silent and the right to counsel prior to commencing with any questioning. Further, the person must waive the rights before the questioning can commence.

What is “Custody?”

For a person to be considered in custody for Miranda purposes, there is no bright line rule. For instance, a person can be considered in custody even if they are not under arrest. The general test that court’s employ in order to determine whether a person is in custody is how a “reasonable person” would interpret the circumstances. Specifically, would a “reasonable person” consider him or herself in custody in such a situation.

As a result of this standard, there is often a great deal of litigation between defense attorneys and prosecutors as to whether a suspect was in custody or not. It is a fact-based inquiry and requires persuasive argumentation in order to prevail. It is important to argue that the totality of the circumstances demonstrate that the person was in custody. If that can be accomplished than the first prong of Miranda is met.

What is “Interrogation?”

Interrogation, for purposes of the Miranda analysis, need not include a dimly lit, small and smoky room within a police station. Rather, the general test for interrogation is whether the statements, words, questions, or actions of the law enforcement officer are likely to elicit an incriminating response.

As a result of the standard, again, there is much litigation that can occur in order to determine whether the conduct of the officer amounted to an interrogation for purposes of Miranda. Even if a person is in custody, if there is no interrogation, then there is no need for the Miranda warnings to be read. Voluntary statements, that are not the result of interrogation, do not trigger the requirements for Miranda. Again, the interrogation requirement is a very fact-based inquiry. (Please note, there are many exceptions, such as the public safety exception, that are beyond the scope of this article).

If Custodial Interrogation, Then the Suspect in Custody Must Be Read Miranda Warnings Prior to Interrogation.

Pursuant to the Fifth Amendment and the Supreme Court’s Miranda decision, the suspect must be informed of:

1. The Right to Remain Silent;
2. The Explanation that Anything Said can be Used Against the Suspect;
3. The Right to an Attorney; and
4. If the Person Cannot Afford a Lawyer, a Lawyer will be Appointed to Represent Him or Her.

Waiver of the Miranda Rights

Prior to conducting a custodial interrogation, law enforcement must first inform the person in custody of the Miranda Rights and the person must voluntarily waive those rights. If a person asserts his or her rights, or refuses to waive the rights, then there is no waiver and no custodial interrogation should proceed. If the rights are read and then voluntarily waived, then the custodial interrogation can legally proceed.

What Happens When a Person’s Miranda Rights are Violated?

If law enforcement commences with a custodial interrogation, without first properly advising a person of their rights and securing a voluntary waiver, any and all statements made during the interrogation can be excluded from evidence at trial, pursuant to the Exclusionary Rule. Essentially, the exclusionary rule serves as a deterrent to ensure that law enforcement follows the mandates of the Fifth Amendment and Miranda.

In order to litigate issues pertaining to Miranda in a criminal case, defense counsel will review the discovery and evidence, draft a Motion to Suppress if warranted, and proceed to argue that the Defendant’s Miranda Rights were violated and any and all evidence or statements secured as a result of the Constitutional violation should be suppressed pursuant to the Exclusionary Rule and the Fruit of the Poisonous Tree doctrines.

If you, or someone you know, has questions regarding Miranda or questions pertaining to a criminal charge, please do not hesitate to contact Attorney Ron Frey and The Frey Law Firm for a consultation.

Earlier today, Paul Manafort was ordered detained by a federal judge after his bond was revoked for violating the terms of his pretrial release. Pretrial detention can have a significant impact upon the strategy employed during a case, as well as the ultimate outcome.

One big consideration in a criminal case is whether a defendant will be granted the opportunity to be placed on bail during the pendency of the matter, or whether the defendant will be detained pending trial or resolution. The stress, inconvenience, fear, and uncertainty that naturally accompanies a criminal charge is exponentially amplified for many defendants when they are detained during the pretrial process. This is especially true for first-time offenders.

Although every circumstance is different, detention generally has a negative impact upon both the defendant and the effectiveness of the attorneys involved. Communication between defense counsel and the defendant becomes extremely difficult and challenging. The logistics associated with setting up and scheduling meaningful meetings with a client at the detention facility raises logistical and administrative issues. Meaningful and productive communication with the client becomes much more time consuming and much more costly.

Law Office Versus Jail

Rather than simply meeting within the comfort of the attorney’s office, meetings within the detention facilities can occur only after going through a series of security steps that take up valuable time. Further, depending upon the location of the facility, counsel must travel for the meeting. In cases that are being billed at an hourly rate, this travel and the various security checks that occur upon arrival at the institution can add to significant increased costs.

Rather than meeting within a comfortable law office, meetings within detention centers are often within rooms that are small and cramped with little ventilation, no natural lighting, and with uncomfortable chairs and damaged tables. Often, the privacy is limited as communication often can be heard through the walls. Again, every institution is different, but it is quite common to overhear portions of multiple conversations eminating from various meeting rooms.

Rather than being relaxed within the comfortable atmosphere of a law firm office, where drinks and snacks may be available, defendants who are subject to pretrial detention do not have any such luxuries and, generally speaking, neither do the attorneys. For instance, if you are in a lengthy meeting and want a coffee, you probably will not have any access to anything of the sort. These may seem like minor details, but, the environment definitely has an impact upon the ability to focus for both the attorney and the client.

Experts and Consultants

Experts are often utilized within the criminal justice system. Whether it is a computer forensic expert who is called in to conduct a forensic examination, a firearm expert who is retained to test evidence in a case, or a forensic psychologist who is conducting examinations for purposes of mitigation, experts can play a vital role and they are often notoriously expensive. When a client is detained, the experts and consultants on a case face many of the same logistical challenges that the lawyers face, and often many more. For instance, experts often have equipment or materials that they need to bring into the institution in order to consult with the client or conduct an examination. The experts often are retained and billing at an hourly rate. If it takes them an hour to travel to the institution, thirty minutes to go through security, thirty minutes of waiting while the client is brought in, thirty minutes to exit back through security and another hour of return travel, that time and cost adds up very quickly.

Other Inmates

Pretrial detention is jail and jail is, well, jail. Defendants who are subject to pretrial detention learn very quickly that their freedom has been taken from them. Their ability to simply avoid individuals they would rather not associate with or be around is limited. They do not generally have any say in who they are assigned to live with or around. As a result, those who are detained are often impacted by the fact that they are surrounded by other inmates who they may, or may not, get along with. This adds stress to an already stressful situation.

Family, Friends and Networks of Support

When detained, the Defendant is isolated from family and friends. Although visitation schedules can be approved, there are generally significant limits on who may visit, when they may visit and for how long they can visit. Further, often the visitation is between glass dividers and over the phone. The conversations are often subject to monitoring and recording. In essence, there is generally no privacy. This isolation has an impact upon the defendant who is often going through one of the most stressful times of life.

Employment

If a defendant was employed prior to detention, that employment almost always ceases at the moment of detention. As a result, the detained defendant is not able to earn income. At a time when income may be most needed in order to finance the defense lawyers, the experts and provide for family, this can have a very profound impact upon the direction of the case. Clients who are able to remain on bond and continue with their employment have many advantages. They are in a better position financially and they are in a better position with respect to mitigation. If a case takes two years to resolve, there is a great benefit to the Defendant who can appear at sentencing, or before the court, and demonstrate a commitment to gainful employment and actual gainful employment despite the circumstances of the pending litigation.

Psychological Impact

Whether guilty or innocent, pretrial detention can too often take the fight out of a defendant. They often are left feeling isolated, out of resources, disconnected and hopeless. I suspect that the environment within which they are placed impacts their decision making to a great extent. Again, not all cases or defendants are the same, but I often find that Defendants become anxious to reach a resolution as they await trial in a detention facility. This is especially true when they have served a significant amount of time awaiting trial and may not have much more to go if they accept a plea offer. With respect to the Paul Manafort case, only time will tell as to whether pretrial detention will factor into his decision-making process as to whether he will enter a plea or go to trial, or whether he will choose to attempt to cooperate in some way with the federal investigators.

Be Prepared for the Bond Hearing and Know and Follow the Conditions if Granted Release

It is vitally important to have an attorney on your side and prepared for the bond hearing. Whether or not a defendant is detained or released during the pretrial proceedings can have a significant impact upon the direction of the case. If granted pretrial release, it is important to understand the terms and conditions and to follow them. As demonstrated in the Paul Manafort case, the alternative is the bond being revoked and detention until resolution.

If you or someone you know has a question or issue pertaining to a criminal case or a bond issue, please do not hesitate to contact The Frey Law Firm for a consultation.

To better serve our clients facing allegations associated with digital evidence or the Internet, The Frey Law Firm launched the website: InternetCrime.com. The site focuses on areas of practice and a legal landscape that will continue to evolve with the rapid change in technology.

Attorney Frey has been dedicated to the defense of cybercrime cases for well over a decade. In addition to representing clients and businesses who required representation due to cybercrime allegations, or who were presented with difficult issues pertaining to digital evidence, Attorney Frey has authored several articles focused on the topic, presented as a conference speaker and panelist at conferences around the country, and has been a published author and featured within the book StrategiesforDefendingSexCrimes,2012ed.:LeadingLawyersonUnderstandingtheCurrentSexCrimesEnvironmentand BuildingaThoroughDefense(Inside the Minds), Aspatore Books. Additionally, Attorney Frey is regularly called upon by media outlets to provide commentary and insight into cybercrime cases. Finally, he has taught numerous university courses devoted to the subject as an adjunct professor.

If you, or someone you know, has a question pertaining to alleged crimes committed over the Internet or through the use of a computer, or if you are under investigation or have been charged with a cybercrime, please visit InternetCrime.com for more information.

Finally, please do not hesitate to contact The Frey Law Firm for a consultation. With offices in Tampa, Florida; Charlotte, North Carolina and Cleveland, Ohio, the Firm is prepared to represent your interests, secure your rights and tailor a defense on your behalf.