We’re living in a world where so much of our personal information is online, from Snapchat and Instagram to emails and cell phone records. I break down exactly what law enforcement has to do to get their hands on your private data.

Do they require a search warrant, or is a simple subpoena sufficient? I explain how the Fourth Amendment applies and discuss your rights regarding privacy on these digital platforms.

I share some real examples from my own legal practice and explore what the federal Stored Communications Act says about these issues. We’ll also take a look at some key Supreme Court cases that shape how this all plays out. And if you think this isn’t relevant to you just because you’re a law-abiding citizen, I’ll tell you why privacy protections should matter to everyone.

Here are my 3 key takeaways for you:

• The Stored Communications Act & Subpoenas

Law enforcement can sometimes gain access to account information (like your identity on Snapchat) with just a subpoena, not a full search warrant. This distinction is important because a subpoena is much easier to obtain than a search warrant.

• The Fourth Amendment Still Matters

The Fourth Amendment protects us from unreasonable searches, and the expectation of privacy extends to our digital lives. In many cases, courts are leaning toward requiring a search warrant (with probable cause) for authorities to access sensitive information, especially after landmark cases like Carpenter v. United States.

• Your Digital Identity Deserves Protection

There’s an ongoing legal debate: Should police need a higher standard (a search warrant) to access your hidden or pseudonymous social media identities? My answer: Yes. Protecting personal privacy—even for law-abiding citizens—is foundational, no matter how convenient the shortcut for investigators.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law...

I am focusing on the complex world of unique criminal convictions—cases like shaken baby syndrome, child sex offenses, and other serious charges that nobody likes to talk about, but that I deal with every day as a defense attorney and appellate advocate.

These cases stand out because the evidence can often be questionable, and the stakes couldn't be higher. I’ll share my own experiences handling appeals and post-conviction work for clients I genuinely believe to be innocent, and I’ll explain why it’s so critical to act fast—especially when it comes to securing expert witnesses and gathering records.

If you, or someone you care about, are facing a situation like this, I want to give you some practical guidance on how to move forward after a conviction, and what to look for in a lawyer who really knows how to handle these cases. Whether you’re dealing with this nightmare firsthand or just want to understand what happens beyond the verdict, I hope this episode brings clarity, insight, and maybe even a little hope.

Here are my top 3 takeaways for legal professionals and anyone interested in the justice system:

Act Immediately & Build Your Case Early: Don’t wait until appeal deadlines loom. Engaging expert witnesses, gathering comprehensive records, and consulting specialists right at the outset can make the difference between a successful appeal and a lost opportunity.

Direct Appeal Isn’t Everything: While you can’t introduce new evidence on direct appeal, post-conviction motions allow you to present fresh insights from experts. Working both tracks at once is crucial to maximize your client’s chances.

Right Counsel, Right Tools: Not all lawyers—no matter how competent—have the specialized “playbook” needed for highly unique, emotional, or complex cases. Work with appellate counsel who know how to leverage national experts and resources from the start.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Should you expect to pay for an initial consultation with a lawyer?

This came up thanks to a great question from one of our production guys, and I realized it’s something a lot of folks are curious about, especially after seeing those “free consultation” ads everywhere.

I’ll walk you through the realities of when lawyers actually charge for that first meeting—why it happens more often in areas like domestic relations and how conflicts of interest can come into play. I’ll also break down exactly what you should expect from an initial consultation, free or not, including how much insight you should expect to get and what a lawyer should be able to tell you about your case and fee structure.

If you’re thinking about reaching out to a lawyer and want to know what you’re getting into, stick around. I’m here to help clear things up so you can make the best decisions for your legal needs.

Here are my key takeaways:

• Not All Consultations Are Free: While many lawyers advertise free consultations (especially in criminal defense), it’s common in areas like domestic relations or divorce law to charge a fee for that first meeting. Always check before you book!
• What You SHOULD Expect: An initial consultation should give you an understanding of the lawyer’s experience, their general approach to handling your type of case, and a transparent discussion about the cost structure. Don’t expect in-depth case work, document reviews, or witness interviews at this stage.
• Why Some Lawyers Charge: Charging for consultations can protect lawyers from conflicts of interest, especially in cases where talking to one party may prevent them from representing the other side. It also ensures their time—and yours—is valued.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com