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4th Amendment Forensic Science In Houston
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Houston
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US-000280
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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. The same rule should apply for computer storage media.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
In the case of Riley v. United States (2014), the Supreme Court unanimously decided that digital data seized from warrantless search of cell phones violated the Fourth Amendment, and could not be admitted as evidence in trial.
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.
These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes.
The 5th Amendment to the Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” The Supreme Court has held that this privilege reaches no further than communications that are testimonial DNA, like a fingerprint or blood sample, is non-testimonial and thus there ...
The Sixth Amendment does not require excluding such forensic evidence where the witness is unavailable through no fault of the prosecution's.
Preliminary information is usually available at the end of the procedure or by the next working day. Final autopsy reports become ready after the results of toxicology and any other special examinations have been received. Typically, this may take up to 1-1/2 months.
Depending upon the complexity of such tests or investigations, it may take up to 90 days for the autopsy report to be finalized. During this time, a death certificate will be issued with the cause of death listed as “pending.” This will be replaced by the final death certificate when the cause of death is determined.