Search and Seizure Law
According to (“Welcome to LII”, 2022), a search and seizure in criminal law is a procedure done by law enforcement agents where they examine someone’s personal items, such as homes, to find evidence related to crimes. Seizures happen when the items are in full possession of the law. Digital crime has been challenging and involves the use of computers to commit illegal crimes such as phishing, terrorism, and so much more.
Millions of people spend hours using computers and mobile phones for various reasons. Not everyone has good intentions, and criminals can use these gadgets by sending death threats via email. Computers can also be storage devices for criminal activity (Judish & Kerr, n.d.). Search and seizure law, when applied to digital crime, is handled by considering the type of evidence to be revealed before drafting a warrant for the search and seizure. The warrant describes the things to be searched and seized, and the first step is to find out the need to search the computer and describe specifically the type of data to be taken.
However, some searches do not require warrants. For example, the police do not require a search warrant when lawfully arresting someone, and they have permission to search their surroundings. Police may stop someone believed to be suspicious of a criminal act. If there is reason to believe that they are dangerous, they can search with no warrant (“Lawshelf Educational Media,” 2022).
Lastly, the Fourth Amendment, according to the United States, says that citizens have the right to be protected from unlawful searches and seizures of their property. Therefore, agents must submit a written affidavit to a magistrate to obtain a federal warrant. In conclusion, search and seizures are used to further investigate crimes and come up with evidence to solve the crimes and are of great help while solving digital crimes.
References
Judish, N., & Kerr, O. Searching and seizing computers and obtaining electronic evidence in criminal investigations.
Welcome to LII. (2022). Retrieved 4 May 2022, from https://www.law.cornell.edu/
Lawshelf Educational Media. (2022). Retrieved 4 May 2022, from https://lawshelf.com/
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Describe the facets of search and seizure law as it applies to digital crime.
Search and Seizure Law
Characterize the different types of searches that require and do not require warrants. Examine the federal statutes regarding search and seizure.
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