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Hillsborough County Defense Attorney
Hillsborough County Defense Attorney Launches redesigned website. http://www.duihillsborough.com/DUIHillsborough.htm
Federal Defense Attorney on Search and Seizure of Electronic Devices
Tampa Federal Criminal Defense Attorney has reviewed Government policies on Search and Seizure of Electronic Devices at borders. The U.S. Department of Homeland Security’s (DHS) policy is to treat computers, laptops, and other electronic devices like suitcases and backpacks in terms of border searches. It appears under current DHS policy, Customs and Border Protection (CBP) agents believe they are not required to provide justification or a reason for these electronic searches. In a response to a recent Freedom of Information Act (FOIA) request, CBP disclosed the following: Electronic devices that were searched included laptops, USB thumb drives, hard drives, cell phones, digital cameras, and even DVD disks . From October 2008 through June 2009, CBP officials searched over 1,500 electronic devices belonging to travelers.
Cell phones were the most often searched and seized devices between October 2008 and June 2009. From July 2008 to June 2009, and Border Protection (CBP) transferred electronic files found on travelers’ devices to third-party agencies almost 300 times. More than 80 percent of the transfers involved the CBP making copies of travelers’ files. Over half the time, these unknown agencies asserted independent bases for retaining or seizing the transferred files.
As a defense attorney, it appears that the best strategy when traveling is to leave electronic devices at home.
Tell Me Your Story Toll Free 1-877-793-9290.
Sources: http://www.informationweek.com/news/
government/security/showArticle.jhtml?articleID=219500468
http://www.nefafoundation.org/miscellaneous/
FeaturedDocs/DHS_ForeignTravelThreatAssessment.pdf
http://www.aclu.org/print/national-security/customs-and-border
-protection-cbp-first-production-documents
Federal Defense Attorney on Search and Seizure of Electronic Devices
Tampa Attorney - Update: Text and Email Messages at Work
Up until this week a Florida Attorney would tell you that your employer can probably read your emails and text messages on company provided devices. That may change based on a recent development in an appeals court's decision. In that case, the court found your boss shouldn't read your text or e-mail messages.Text messages were obtained from a wireless carrier and reviewed by an employer without the employee's permission. The federal appeals court sharply limited the ability of employers to obtain e-mails and text messages sent by employees on company accounts.
A Tampa Internet lawyer observes that Access to e-mail could be barred if the employer contracts out its e-mail service rather than maintaining an internal server to handle it.
One report found that about 28% of Microsoft Outlook users have their e-mail handled by an outside vendor, according to research firm Radicati Group. The ruling also gave government workers Fourth 4th Amendment protection against searches of text and e-mail communications by their bosses.
The privacy case was a unanimous ruling and the first federal appellate decision to provide 4th Amendment protection to electronic messages. Arguably, police may now need to obtain a warrant before they could access someone's e-mail or text messages.
The court found that the wireless service provider violated the federal Stored Communications Act. That law prohibits providers from providing the contents of any communication that is maintained on the service without a search warrant.
Employees had an expectation of privacy that was protected by the Constitution. Feel free to contact Board Certified Trial Lawyer, W.F. ''Casey'' Ebsary Jr. Toll Free at 1-877-793-9290 to discuss how this may affect you.
Search Warrant Text Messages Tampa Florida Attorney Lawyer
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Federal Sentencing in Computer Related Crimes
Tampa Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes that Computer crimes draw stiff sentences in Federal Courts. However, at a United States Sentencing Commission (USSC) hearing in Chicago, a Judge said it would give him comfort in affirming below-guideline sentences in child porn cases to see data showing there are lots of below guidelines sentences. There is such data. In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.
The complete Report is at the link below:
If you have a computer problem in Federal or State Court - Tell Me Your Story Toll Free 1-877-793-9290.
Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.
Florida Super Lawyers 2010 - Tampa Federal Attorney
Tampa Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. has once again been reviewed and named to the new list of Florida Super Lawyers 2010. The final list represents no more than 5 percent of the lawyers in the state. Casey is also Board Certified by the Florida Bar. A group that comprises less than 1/2 of 1 percent of Florida Attorneys.
''It is absolutely clear from this record that [Super Lawyer does] not permit a lawyer to buy one's way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.'' According to one State Supreme Court.
Source: http://www.superlawyers.com/about/selection_process.html
Florida Super Lawyers 2010 - Tampa Attorney
White Collar Sentencing in Federal Court
White Collar Sentencing in Federal Court Crackdown noted by Tampa Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. - The Eleventh Circuit Court declared a sentence illegal when a white collar defendant was not sent to prison. The trial court has repeatedly placed the defendant on the federal equivalent of probation. The United States Attorney has repeatedly appealed the below guidelines sentence, and the appeals court has repeatedly reversed.
The court concluded "it is difficult to imagine a would-be white-collar criminal being deterred from stealing millions of dollars from his company by the threat of a purely probationary sentence, regardless of how much probation that person received."
The complete decision is available here:
Opinion of the Appeals Court
White Collar Financial Fraud Defense? Tell Me Your Story Toll Free 1-877-793-9290 .
Note: This office did not represent any parties in this case.
Source: http://www.ca11.uscourts.gov/opinions/ops/200814712.pdf
White Collar Sentencing in Federal Court
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