Author Question: Discuss the issues regarding computer searches and the following: search and seizure, probable ... (Read 65 times)

Alainaaa8

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Discuss the issues regarding computer searches and the following: search and seizure, probable cause, and reasonable expectation of privacy.
 
  What will be an ideal response?

Question 2

The right to privacy is a constitutional right, but it is not specifically mentioned in the Constitutionunlike the prohibition against unreasonable searches and seizures, which is specified in the Fourth Amendment. Explain how the right to privacy has been defined by the U.S. Supreme Court and what the implications are for the citizens of the United States.
 
  What will be an ideal response?



zenzy

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Answer to Question 1

Issues regarding computer searches and search and seizure, probable cause, and
reasonable expectation of privacy are: (1) Are these searches constitutional or are
they Fourth Amendment violations? and (2) What procedures must law enforcement
use to preserve the evidence seized? Generally, searches and seizures of computers
have the same legal requirements as any other type of seizure. Probable cause is
likely established if the suspect is in possession of incriminating data. Treating
computers like a closed container such as a briefcase or file cabinet requires a
search warrant.

Answer to Question 2

The right to privacy has been defined by the U.S. Supreme Court as the right to be
left alone. The implications for the citizens of the United States are that the right to
privacy protects the individual against certain forms of intrusion in addition to
searches or seizures.



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