Department of Justice article regarding issues raised by drug court programs regarding drug testing.
Reports and Publications
The Washington State Patrol has posted the following manuals online: DWI Detection and Standardized Field Sobriety Testing, DRE, and Advanced Roadside Impaired Driving Enforcement (ARIDE). These manuals are available for download.
This National District Attorney Association has these and other guides for prosecutors available on their website: Cross-Examination for Prosecutors The Drug Evaluation and Classification (DEC) Program Drug Toxicology for Prosecutors Hardcore Drunk Driving Prosecutorial Guide: A Resource Outlining Prosecutorial Challenges, Effective Strategies and Model Programs Horizontal Gaze Nystagmus—The Science and the Law: A Resource Guide …
Available from the NC Office of the Chief Medical Examiner
Attorneys considering challenging eyewitness identification should consult Chapter 3 of Alyson A. Grine & Emily Coward, Raising Issues of Race in North Carolina Criminal Cases. The chapter provides detailed information on motions to suppress, voir dire of witnesses, jury voir dire, working with experts, cross-examination, and other topics.
Innocence Project report showing that misidentification causes more wrongful convictions than any other factor. Misidentifications contributed to wrongful convictions of more than 75% of the over 230 people exonerated through post-conviction DNA testing.
The Electronic Frontier Foundation received a number of guides regarding information that is maintained by various social networking sites and how to request that information. The guides are posted on their website, under the “documents” tab, scroll down to Social Media Law Enforcement Guides.
The Computer Crime and Intellectual Property Section of the U.S. Department of Justice gathered information about the retention periods for call details, cell tower information, text message content, pictures, and other types of data. This information has been posted online by the ACLU.
This guide contains addresses and phone/fax numbers for the legal departments/subpoena compliance centers of cellular providers and social media sites. Please be aware of 2014 Formal Ethics Opinion 7 when issuing subpoenas. John Rubin’s 2017 blog post on subpoenaing-of-state materials is available here. Email Sarah Rackley Olson if you have any corrections or updated information for the subpoena guide.
Larry Daniel addresses common issues with child pornography cases in this guide. Topics include what information an expert will need and what services an expert may be able to provide. Daniel provides an explanation of technical terms commonly used in these cases.
This guide, prepared by Larry Daniel, provides information on the collection, preservation, and authentication of Facebook evidence from a digital forensics perspective.
The NC State Crime Laboratory has posted its DNA Section Audit Reports (1999-2018). If you would like a summary of these audits, with issues that may be relevant to casework highlighted, email Sarah Rackley Olson.
Guidelines for detector dog training, procedures, and care. Failure of a dog/handler team to implement these national-level guidelines may be a source of cross examination.
National Center for Prosecution of Child Abuse publication that provides information on how to rebut specific defense arguments.