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Digital Law Questions

I have been going through my readings and have a few questions I was hoping you could answer. I'm a little confused on the answers to these so knowing them would really give me a better understanding.

1. Would a vehicle checkpoint that is designed solely to uncover evidence of illegal drug trafficking be upheld as constitutional if set up at the US border?
2. Has the Supreme Court held that although one has no reasonable expectation of privacy in the numbers one has dialed, the 1st amendment nevertheless precludes the mass collection of such data?
3. For an individual's reasonable expectation of privacy to be valid does it have to be based, at least in part, on a source outside the 4th amendment?
4. Does Orin Kerr believe that courts are better equipped than legislatures to decide how to regulate the use of new technologies in law enforcement investigations?
5. Is the NSA's ability to decipher encrypted communications largely a function of the agency's access to incredibly powerful supercomputers that can reverse-engineer almost any algorithm?
6. In U.S. v. Miller, did the Supreme Court rule that the First Amendment limits the
ability of law enforcement officials to gain access to banking data?

Solution Preview

1. Would a vehicle checkpoint that is designed solely to uncover evidence of illegal drug trafficking be upheld as constitutional if set up at the US border?

Yes, because at the U.S. border, border agents have the autonomy to search solely for drugs if they choose to do so. Many Border checkpoints in Arizona, El Paso, and California check precisely for illegal drug trafficking by setting up vehicle checkpoints.

2. Has the Supreme Court held that although one has no reasonable expectation of privacy in the numbers one has dialed, the 1st amendment nevertheless precludes the mass ...

Solution Summary

A vehicle checkpoint that is designed solely to uncover evidence of illegal drug trafficking is examined. The reasonable expectation of privacy in the number one has dialed is analyzed.

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