ISSC451_Caldwell_John_Assignment4
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Jan 9, 2024
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Assignment 4
John Caldwell
American Military University
9 July 2023
The constant need for updated search and seizure laws with respect to digital information is a never-ending battle. Society must adapt to this requirement for law enforcement to be able to
perform their duties and prosecute crime. With the changing of today’s crimes, laws are challenged all the time in court. Proper procedures for the gathering of digital evidence are crucial to the case being prosecuted (Kerr, 2005). This is not a new process other than it must adapt to the ever-changing world that we live in. The Fourth Amendment provides protection from the illegal search and seizure of oneself and in their homes (Kerr, 2005). Law enforcement does not have the capability to walk up to someone and take an electronic device to search for evidence. A search warrant describing what is being looked for and the electronic device it may be found on is required (Kerr, 2005).
There are rules when a search and seizure are allowed without a warrant. These times have strict circumstances that must be met. A law enforcement officer can perform a pat down or a stop and frisk of a suspect to protect themselves and the suspect from anything that may injure them. During this pat down, if evidence of a crime in progress is discovered, this evidence may be used (Goldstein, 1987). For example, if at a traffic stop and an officer pat down a suspect to find drug paraphernalia, this evidence can be used in a court to prosecute the defendant. Other types of lawful seizures are when evidence is plain sight during a criminal act. Consent search is another time a search warrant is not needed (Clark, 2015). Consent from the individual gives officers the right to search. This is limited and the individual can stop the search at any point. Exigent circumstances are another means with which a seizure can be performed without a warrant (Clark, 2015). This type of circumstance is only when an emergency calls for immediate action. For example, if an officer approaches a door and they hear gunshots fired. The officers have the right to enter through the door without a warrant to investigate. Though these are a few
examples of when a warrant is not needed to seize evidence, they do have strict limitations on the
use of them (Clark, 2015).
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References:
Clark, W. (2015). Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment's Particularity Requirement, and Search Protocols for Cell Phone Search
Warrants. BCL Rev., 56, 1981.
Goldstein, A. S. (1987). The Search Warrant, the Magistrate, and Judicial Review. NYUL Rev., 62, 1173.
Kerr, O. S. (2005). Search warrants in an era of digital evidence. Miss. LJ, 75, 85.