Publications

Weinberg has written for and contributed to numerous magazines, newspapers, journals and reports:

Search & Seizure Commentary
By Martin G. Weinberg and Robert M. Goldstein
The Champion, June 2014, NACDL.org

Warshak 4 Years Later
The DOJ Continues to Fight the Warshak Court Requirement
0f a Warrant (Not a Subpoena) to Search and Seize Emails
Read more

Congress must act to give courts leeway for sick prisoners
Letters to the Editor, The Boston Globe | March 10, 2013
By Martin G. Weinberg

RE “IMPRISONED DiMasi weak with cancer, wife says” (Page A1, March 7): Congress has left federal judges without the statutory power on their own to remedy post-sentence medical problems such as those that occurred to former House speaker Salvatore DiMasi; instead, Congress has placed responsibility for responding to unforeseen but catastrophic medical events, such as DiMasi’s throat cancer, in the hands of the Bureau of Prisons. Read more

Bringing the Fourth Amendment
into the 21st century

Massachusetts Lawyers Weekly, www.masslawyersweekly.com
Thurs, December 20, 2012
By Martin G. Weinberg and Robert M. Goldstein

"Like a sealed or resealed first-class letter, or a document stored in a closed filing cabinet, an email stored on an ISP’s server is a closed container in which an individual has a strong, reasonable expectation of privacy, as the Sixth Circuit concluded in Warshak.

Consequently, in accord with more than a century of Supreme Court jurisprudence, emails stored withinan ISP server are entitled to all of the protections afforded by the Fourth Amendment’s imperatives of probable cause, particularization and a judicially authorized warrant."
Read more

Trial by Press Conference
Boston Business Journal, Business View opt-ed by Martin G. Weinberg. April 2012.

"Before prosecutors present a single witness in a federal or state courtroom, the community has formed a belief in the guilt or innocence … A cornerstone of our system of constitutional liberties is the presumption of innocence. Yet recent but widespread nationwide practices in federal and state cases — announcing indictments via press conferences … profoundly threaten the charged citizen's right to a fair trial …" Click here to read.

Sixth Circuit: SCA Unconstitutional to Extent
It Permits Warrantless Seizure of Emails
From ISP

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
March 2011. Click here to read.

The Stored Communications Act and Private E-mail Communications

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
August 2007. Click here to read.

 

Internet Sexual Entrapment; The uses and misuses of 18 U.S.C. §2423(b)

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Kimberly Homan; Cathy Green; Steven Gordon
August 2002. Click here to read.

Federal Grand Jury Reform Report & ‘Bill of Rights’ 

National Association of Criminal Defense Lawyers,
June, 2000 (prepared by Commission on which Weinberg served). Click here to read.          


The Witness Reward System

Article in The Defender, April 1998, by Martin G. Weinberg, excerpted from his speech,
“The defense attorney … must become a teacher, educating jurors about this imbalanced, unfair system.”


Challenging the Law Office Search 

The Champion, August 1996.
By Martin G. Weinberg & Kimberly Homan. Click here to read.


United States v. Chadwick
: Revitalization of the Warrant Clause? 

Search and Seizure Law Report, August 1977.


Cross-Examination of Chemists in Narcotics and Marijuana Cases

Contemporary Drug Problems, 1972.