Explain the search and seizure law as it pertains to digital crimes. What laws govern probable cause and search and seizure? How is the Fourth Amendment taken into consideration in determining a search and seizure?© BrainMass Inc. brainmass.com October 17, 2018, 4:22 am ad1c9bdddf
Explain the search and seizure law as it pertains to digital crimes.
-- Law enforcement personnel can conduct a search and seizure either with or without a warrant, when it comes to digital crimes. A warrantless search is a provision under the law enforcement personnel exercising rights under Chapter One of the Fourth Amendment, and is usually performed when the defendant has already given permission to third parties, to the equipment or property where the potential evidence is contained. A warrantless search and seizure can result in a cyber crime arrest, in the same manner that a search and seizure conducted by warrant can. In addition, evidence that is known to be contained on company computers or government computers for a cyber crime that has been committed is also subject to a warrantless search and seizure. Because of the volatile nature of many computer crimes, particularly involving crimes against children, or crimes where people can potentially become injured by the defendant, law enforcement personnel can oftentimes obtain a warrant very quickly and easily for digital crimes. Once the warrant is obtained, a strategic plan is formed ...
Explain the search and seizure law as it pertains to digital crimes. What laws govern probable cause and search and seizure? How is the Fourth Amendment taken into consideration in determining a search and seizure?
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