4th Amendment Forensic Science In Illinois
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Both the fourth amendment of the United States Constitution and article I, section 6, of the Illinois Constitution of 1970 protect individuals from unreasonable searches and seizures. U.S. Const., amend. IV; Ill.
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.
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.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
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.
Illegally obtained evidence is inadmissible in court. It is considered "fruit of the poisonous tree." For example, an illegal, unauthorized search turns up drugs and paraphernalia. The drugs and paraphernalia are the fruit and the unauthorized search is the tree.
If the court finds that a search was conducted in violation of the Fourth Amendment, it will exclude any evidence found from the suspect's criminal case. The exclusionary rule states that the courts will exclude or prevent evidence obtained from an unreasonable search and seizure from a criminal defendant's trial.
