ipl-logo

4th Amendment Essay

931 Words4 Pages

In the United States, the Constitution guarantees its citizens certain rights. The Constitution is also the basis of many processes used in the criminal justice system. This essay will provide the case law that would allow the search of the suspect’s office computer, as well as detail the investigative technique used to trace the instant message communication. The Fourth Amendment limits the power and authority of law enforcement agencies when securing people and/or their persons, houses, papers, and effects against unreasonable searches and seizures (Peak, 2012, p. 289). This limitation of power and authority guaranteed by the Fourth Amendment includes computers, which are often used in the commission of a crime (“Fourth Amendment,” …show more content…

An example of case law that is applicable to this case is Hanson v First Nat’l Bank. In this case, Kenneth Hanson was being sued for fraud based on information obtained from emails that he shared with his attorney on his workplace computer (Miller, 2011). In its decision, the Supreme Court ruled that a person does not have a right to privacy to confidential information or materials that are saved on a workplace computer’s hard drive (Miller, 2011). As a result, this allows investigators to search the suspect’s office computer to retrieve pertinent information regarding the terrorist …show more content…

An example of a self-forensic tool used for digital extraction is Evidence Center by Belkasoft (Lun, 2012). Evidence Center can be used by investigators with evidence extraction of “messenger history profile, allocated disk space, unallocated disk space, RAM, Pagefile and Hibernation file” (Lun, 2012). When using this program, investigators are able to store all extracted evidence from the instant messenger into a database, which can be used to further analyze the data (Lun, 2012). However, this program isn’t successful in retrieving every type of information, such as pictures or videos (Lun, 2012). As a result, investigators would need to use an additional program while tracing the instant message

Show More
Related

Summary: Carpenter V. United States

576 Words | 3 Pages

In many investigations, electronic devices are used as an essential assent for solving crimes. One example of this is, Carpenter v. United States, Carpenter was believed to be a part of multiple robberies. MetroPCS, a wireless carrier, gave law enforcement four months of location records to help solve the case. By doing this, officers were able to track more than twelve hundred location point were Carpenter was using his phone, some of the points

Read More

Riley V. California Case Analysis

876 Words | 4 Pages

The challenges posed by the Fourth Amendment, and the right to impose surveillance among its citizens clearly violates the right to privacy. Cell phones have created a phenomenon that was never possible before. People are able to communicate in ways that has never been possible. The development of cell phones has taken a new turn for the better. However, this modern age technology comes with a price.

Read More

Aaron Colwell Case

804 Words | 4 Pages

Cybercrime is a crime in which a computer is the object of the crime or tool used to commit a crime. Cybercriminals may use a computer for communication and documentation when perform such illegal activities, which could be used as electronic or digital evidence. Electronic or digital evidence is information stored or transmitted and it may be need in court. This evidence can be found on a hard drive, cell phone, digital camera, Internet software program, etc. One of the most elusive criminals, the BTK serial killer, was able to be captured and prosecuted due to a floppy disk.

Read More

Pros And Cons Of Warrantless Search

1310 Words | 6 Pages

The side of this debate that supports less strict criteria for warrantless search of the digital information of cell phones is law enforcement, which is made up of various entities that track American citizen’s data to keep the country safe. Government lawyers and supports of warrantless cell phone searches argue that “searching a cell phone is no different than search other items commonly found on a person at the time of arrest.” In addition, they point out that prohibiting these searches would hurt prosecutors’ chances of proving guilt in drug trafficking cases because of the widespread use of cell phones by drug dealers in order to move their products. At surface level it seems that the Court has just required police to get warrants before checking cell phones, but the ruling could lead to questions about the NSA’s capacity to conduct warrantless search on American’s data. Government institutions, primarily the NSA, have used “section 215 of the Patriot Act” to analyze American’s phone data, but this ruling could show that the Court is attempting to better protect the Fourth Amendment rights of citizens by stopping

Read More

What Is The 4th Amendment Essay

633 Words | 3 Pages

On December 15, 1791 the amendments were added on to the declaration and are meant to be followed as a part of human rights but are they really being followed. After the continental convention the us constitution was made, but it had a few flaws everyone knew it, but didn't expect it to stay together for as long as it has. Sadly though we are losing our amendment bit by bit, we can see it everyday the bill of rights is being broken with new laws and oppression happening everyday. One of the first amendment is the freedom of religion, speech,and the press as well as the right to petition. Not only have the right of our speech been tampered with so hase religion the whole reason this country exists but today we are almost being told us believing in our faith is taboo as well we have almost completely lost our freedom of speech i can't even post my opinion online without losing fifty percent of my friends.

Read More

Who Is George Orwell's Novel 1984 And Why Is It Important To The Government?

1468 Words | 6 Pages

While fourth amendment has traditionally protected us from unreasonable searches and seizures by our government, this protection has not extended in totality to electronics, although many Americans use items such as their phones and computers to hold their most sensitive data. In George Orwell’s dystopian novel “1984”, he predicts with almost uncanny accuracy the importance of electronic devices in our lives and the ability to which the government will use them to spy on populations. While the population is considerably more apathetic and powerless to stop this in his novel than one would assume the American population is today, without taking the proper precautions with their devices and online activity, nearly all personal information, from

Read More

Why Was The Constitution Important Essay

1637 Words | 7 Pages

The Constitution is important for computer investigations, because it is necessary to know the rights of citizens throughout our country’s criminal justice process. The Framers did allow for amendments to be added to our Constitution, but they intended the process to be extremely difficult. To amend the Constitution a two-thirds vote by each house of Congress is required. This particularly high threshold suggests that constitutional amendments are very hard to get enacted, but it has been done throughout our nation’s history. The first 10 amendments to the

Read More

Essay On Fourth Amendment

1074 Words | 5 Pages

The Amendment That Gives Us Protection The constitution of the United States was written in 1789 and it consists of 27 amendments. One of the amendments is the fourth. The fourth amendment states that the people have a right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures and shall not be violated without a warrant issued upon probable cause. The fourth amendment prohibits unreasonable searches and seizures by the government and requires that search warrants need to be reviewed by the judge and a reason.

Read More

Essay On 4th Amendment Rights

500 Words | 2 Pages

The usage of drones, planes, and satellites by authorities will cause a stir for most people. Some will think that it’s more than alright to use them to obtain information, while others will consider the usage of these devices a violation of their 4th Amendment rights. Although it could be helpful in some instances, the utilization of drones, planes, and satellites without a warrant is a violation of the 4th Amendment. In most situations, using a device to obtain information would be over the top.

Read More

Elementals Of Privacy Analysis

1374 Words | 6 Pages

Preface The Founding Fathers took into consideration the need for privacy when writing the Bill of Rights when stating " The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"(U.S. Const., amend. IV.). This demonstrates an authoritative need for a person to have a right to privacy. The current condition for privacy must evolve with the means in which it can be accessed. The access to information in 2015 is astounding, but what is more astounding is the magnitude and means that private information can be transferred. Elementals of Privacy

Read More

Increasing Involvement Of Digital Forensics In Criminal Investigations

616 Words | 3 Pages

Despite the fact that mobile device functionality resembles the one of computers, they cannot be handled in the same way during a criminal investigation. Substantial differences in terms of hardware, software,

Read More

Forensic Science Investigation Without New Technology Essay

1229 Words | 5 Pages

Computer is also used to stored thing and important information’s. When we had the PC and its arrangement of existing projects, officers' employments in a flash turned out to be much less demanding. Today, the proof room is electronic, making it simple to track things for the court. Officers spare time by finishing their wrongdoing scene reports and structures on their PCs. They can likewise rapidly and effectively exchange wrongdoing scene computerized pictures and recordings to their PCs and after that make complex PowerPoint presentations (Warrington,

Read More

John Locke Social Contract Theory

965 Words | 4 Pages

In late 2015, the case Apple vs. the FBI went to the courts, in which the FBI requested Apple to install a way for the bureau to access the information stored on a San Bernardino shooter’s iPhone. The company denied the request, as this would contradict their position on consumer privacy and avoid setting a ‘dangerous precedent’ in allowing private, personal information to be accessed without user permission. This situation shows that even large corporations handling millions of people’s data daily understand limits, and that sharing that information would be a breach of a natural right to privacy, although limited through their use of the device. It is a part of the judicial system and also written in the Fourth Amendment that there will be “no unreasonable search or seizure,” accounting for the use of warrants to legally obtain evidence or conduct a search in pursuit of information. If the United States holds these practices required in physical evidence/searches, online searches should be held to the same standards, especially because of the amount of personal information stored “securely”

Read More

Child Pornography Definition

1618 Words | 7 Pages

Cache files as evidence Mr Pervert engaged in child pornography by accessing it over the Internet. Over the last 10 years, this platform has become the most popular means by which individuals engage in child pornography, and even communicate with other individuals with the same interest. This transition into online activities has however proven to be also fruitful for computer forensics

Read More

Ethics Of Digital Forensics

1087 Words | 5 Pages

Demand for digital forensic services has shown a tremendous growth over the past few years. Criminals use computers to facilitate their criminal intentions. Their activities, plans, or even information related to their crime may be stored in a computer. In a criminal proceeding, it is necessary to prove that the computer is associated with the accused. This is when an expert is needed to set his expertise in the area and provide an explanation to the court.

Read More

More about 4th Amendment Essay

Open Document