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Cybersecurity Evidence Technology Media and Telecom

21st Century Data Dumps and the ‘Brady’ Rule

What are the document dump rules that apply today? And how does the Brady rule apply to this evolving area of criminal practice? This article will address these issues.

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Years ago, before smartphones and at a time when the Internet was not such a significant part of our lives, a young prosecutor drafted a search warrant for a “chop shop” that was using the front of a legitimate secondhand dealership, otherwise known as a junk yard, to steal, dismantle and traffic in the stolen parts trade at an enormous profit. The warrant was duly endorsed and issued by a New York City Criminal Court Judge. The detectives of the elite NYPD’s Auto Crime Division, risking life and limb in the intentionally dilapidated premises, executed the warrant early one morning, resulting in the subsequent laborious endeavor for the prosecutor — the review and inspection of thousands of seized documents to match the recovered identifiable parts with the cars reported stolen against the business’ “police book,” that is, the inventory parts logbook.

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