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4th Amendment Forensic Science In Georgia
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US-000280
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This includes: personal letters, diaries, wills, business documents, and receipts. Personal files contained on a computer are also protected. However, it should be noted that the Fourth Amendment does allow the government to seize papers provided they obtain a court-issued warrant.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
The Fourth Amendment to the United States Constitution protects citizens from illegal searches and seizures. The Georgia Constitution also protects Georgia citizens from the same, and in fact offers even broader protections than the Federal Constitution.
Computer forensics thus fits easily into established rules governing the forensic examination of lawfully seized objects, such as drugs, blood, or clothing. Specifically, Fourth Amendment law permits law enforcement to examine lawfully seized objects forensically.
Our Fourth Amendment rights prohibit unreasonable searches and seizures of “persons, houses, papers and effects.” That last term, “effects,” means personal possessions, which includes cell phones, computers, vehicles, and every other article of moveable property.
(the Fourth Amendment provides that no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized; a search that is conducted pursuant to a warrant is presumptively reasonable whereas warrantless searches ...
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.