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When Your Small Business Receives a Subpoena Duces Tecum

A subpoena duces tecum is a formal legal document instructing the recipient to produce certain identified documents, computer files, or other physical items.  Typically, a party to criminal or civil litigation serves this type of subpoena on a non-party in order to identify information helpful to the litigant’s case. There are various other types of subpoenas, such as witness subpoenas, that are not discussed here.   Running a business is difficult and time consuming even in the best of times, so receiving a subpoena can understandably cause stress and confusion toRead More …


Law Enforcement’s Technology and Individual Privacy

As law enforcement adapts new technology for use in criminal investigations, controversy develops over trying to strike a balance between the often conflicting goals of individual privacy and public security. Fourth Amendment jurisprudence has a long and convoluted history demonstrating both the importance of and the difficulty in achieving this particular balance. One of law enforcement’s latest technological advances to come under fire by privacy advocates is a device known as a “stingray.” Stingrays, also known as “cell site simulators” or “IMSI catchers,” operate as decoy cell towers that canRead More …


Civil Forfeiture Evolves

Both the Federal Government and the Virginia Legislature have recently taken steps to rein in the use of civil forfeiture laws.  Civil forfeiture laws grant law enforcement agencies the authority to seize private property suspected of being used in connection with a crime.  Once seized, law enforcement agencies can keep or sell the property for their own benefit—even if the owner of the property is never charged with a crime.  While a property owner can initiate a lawsuit to prove that property was seized improperly, it is a costly andRead More …