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Potential smartphone-based electronic evidence abounds today, but such evidence is of little value if it is not used effectively. Misunderstandings about the nature and reliability of electronic evidence persist. This program will give you a judge’s perspective on the current issues arising with electronic evidence. Practitioners will share their experiences of how to use electronic evidence to the best effect.
Program Highlights:
Roadblocks to admission
Foundational requirements
Use of experts to explain or impeach smartphone evidence
Explaining smartphone evidence without an expert
Overcoming assumptions about reliability
This is an intermediate-level program. Some trial experience is assumed.
About the speakers:
The Honorable Matthew C. Braner is a San Diego Superior Court Judge who worked as a public defender and appellate attorney before becoming a judge. Brendan J. McHugh has been a deputy district attorney for more than 10 years and currently serves as the project director for the Computer and Technology High-Tech Crime Response Team. John C. Ellis is a supervisory attorney at Federal Defenders of San Diego, Inc. and is a certified cell phone examiner.
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