A warrant may not be invalid even though it’s overbroad. If a warrant is supported by probable cause but authorizes a search of items not supported by probable cause, that warrant might not be…
Warrant scope is the term used to define agents’ legal search authority. This authority is limited, and often Attachment B lists the categories of property agents are permitted to seize. Searching outside the scope…
“Obstruction of justice” is an umbrella term under federal law. There is no single “obstruction of justice” charge under Title 18. Instead, several federal statutes address obstruction in different scenarios; these cover, but are…
Most federal arraignments conclude in under thirty minutes. Most defendants plead not guilty, even when they expect to reach a negotiated disposition later in the process. Most judges also set discovery deadlines, motion deadlines,…
1. You Do Not Have to Open the Door You do not have to open the door if FBI agents (or any other agents) are knocking. You do not have to let them in,…
Forensic imaging has a specific place in law enforcement investigations, and it is important to understand where it begins and ends. A device warrant generally authorizes the seizure of a device, the imaging of…
The stored email protections provided by the Fourth Amendment, as they have long been interpreted, are replaced under the Stored Communications Act (SCA), which is part of the broader Electronic Communications Privacy Act passed…
Should I Cooperate With the SEC? You're reading this at 2am because you just got served with an SEC subpoena, or an investigator left a message, or your compliance officer walked into your office...
What Is the Mandatory Minimum Sentence for Fentanyl Trafficking? Welcome to Spodek Law Group. You're searching for a number - a fixed sentence you can plan around, a floor you can calculate your...
A cooperation agreement isn't an agreement at all. It's a one-way confession with a maybe attached. Thats the reality that federal defense attorneys know but rarely say out loud, and its probly the...