4th Amendment Forensic Science In Washington
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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.
Civ. Jury Instr. 9.16 (2007). Exigent circumstances include: (1) hot pursuit; (2) fleeing/escaping suspect; (3) danger to the arresting officer or the public; (4) mobility of a vehicle; and (5) mobility or destruction of the evidence.
Summarize the Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be ...
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.
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.
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.
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.
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.
