From NACDL’s Fourth Amendment Center –
One of the most challenging parts of litigating surveillance technology in criminal cases is identifying and getting access to appropriate discovery. Often, the types of technologies used in a case are opaque and cannot be identified, let alone challenged, until certain information is shared during discovery. Even if you are aware of the technology being used against your client, getting all the information you need to properly litigate it is absolutely critical.
NACDL’s Fourth Amendment Center’s “Omnibus Tech Discovery List” serves as an all-in-one, cover-your-bases initial discovery checklist for many of the most commonly used categories of technology that you will see in your cases. This is intended to provide a sufficient list for each category to get you on the right track with any of these types of technology and also serve as a potential issue-spotting guide to help you identify what might be at issue in your case. Of course, each case has its own specific circumstances and there may be individualization needed.
Please use this as a starting place but feel free to reach out to the Fourth Amendment Center (4ac@nacdl.org) for more customized assistance on your case. NACDL’s Fourth Amendment Center will be adding additional types of technology to this list on an ongoing basis and more information about their work can be found here.