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4th Amendment Forensic Science In San Bernardino
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Multi-State
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San Bernardino
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US-000280
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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.
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.
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.
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.
They ruled that digital data did not fit the warrantless search exception--digital data could not be used as weapon to harm an arresting officer, nor could it be so urgent that the officer could not wait for a warrant, specifically because officers have the ability to preserve evidence by disconnecting the phone from ...
The Fourth Amendment requires that warrants issue “upon probable cause, supported by Oath or affirmation.” The significance of the oath requirement is “that someone must take the responsibility for the facts alleged, giving rise to the probable cause for the issuance of a warrant.” United States ex rel.