Litigator Libations

55 - United States v. Harborth (N-MCCA) and Firearm Prohibitions

Darrel-the-DCAP Season 3 Episode 55

In this week's episode - the first in 2024 - we discuss a case from the Navy-Marine Corps Court of Criminal Appeals - United States v. Harborth.  The case is a must-read for defenders because it addresses the special possessory and privacy interests applicable to electronic digital devices, the Constitutional interests regarding seizure as distinct from a search, and how even a lawful seizure can become unconstitutional when the government unreasonably delays in its search of the seized device.  We also hear from John Fredericks -- ADC at Davis Monthan AFB -- with an excellent walk through the state of the law regarding the federal firearm prohibitions set out 18 U.S.C. 922, and how to ensure your client's Second Amendment rights are protected.