4th Amendment Forensic Science In Montgomery
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FAQ
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 Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
Searches of electronically stored information present a Fourth Amendment challenge because it is often impossible for investigators to identify and collect, at the time a warrant is executed, only the specific data whose seizure is authorized.
“The Fifth Amendment does not independently proscribe the compelled production of every sort of incriminating evidence but applies only when the accused is compelled to make a testimonial communication that is incriminating.” Id. at 408 (emphasis by Court).
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.
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.
Self-Incrimination and the Right to Counsel DNA, like a fingerprint, a blood sample, or hair, is nontestimonial evidence. Thus, there is no violation of the fifth amendment privilege against compelled self-incrimination when DNA evidence is lawfully seized.
To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing.
Read the text of the Fourth Amendment and answer the following questions as a group: What is a search? What is a seizure? How do you know if a search or seizure is “reasonable” or “unreasonable”? What is a warrant? What counts as “papers”? What are “effects”?
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.
