United States v. Flinn’s Empirical Analysis
2007
Citation profile
1 district · 2 state decisions
Relationships
Applies 18 U.S.C. § 3509
Relies on 471 F. Supp. 2d 640 - United States v. Knellinger · 470 F. Supp. 2d 1049 - United States v. O'Rourke · United States v. Ziegler · 501 F. Supp. 2d 897 - United States v. Doane
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]vidence [has not] been presented that if [defendant’s expert] refuses to forensically examine the hard drive and thumb drive at the [government] facility, there is not an available, satisfactory expert who can and will — at a cost not greatly exceeding what might be incurred if the analyses were to be performed in a home or office environment. While a defendant is entitled to a defense which comports with due process, he is not entitled to the “best defense money can buy.” The fact that some extra cost will be incurred because of § 3509(m) was surely something that Congress considered. Nor is the defense entitled to an expert who simply refuses to even try to conduct his [or her] examination under congressionally prescribed standards.”
1 later decision quote this exact passage“An ample opportunity to forensically examine seized computer items means an examination whereby the government can supply reasonably up-to-date tools (hardware and software) and facilities such that a defendant can construct a reasonable, available forensic defense, if one is available at all, and whereby the analysis will not be impeached because it was not supported by the proper hardware or software. An ample opportunity will permit a defense expert to utilize his or her hardware or software.”
1 later decision quote this exact passage“§ 3509(m) by merely positing conceptual difficulties to be encountered at government facilities, or mere preferences to use their own.”
1 later decision quote this exact passagee.g. State v. GRENNING
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.