Search and Seizure
- The Intent and Fundamental Concepts of Search and Seizure Law as it Applies to Digital Crime
The Fourth Amendment and statutory privacy laws guide the way the police should conduct a search and seizure. For example, the Fourth Amendment restricts arbitrary searches and seizure of computers and their data. The law also monitors the scope of search and seizure, as well as the process to follow. As per the Fourth Amendment, the law enforcers should only perform these activities after obtaining a warrant unless in exceptional instances (“Search and seizure,” n.d.). Accordingly, the law has four concepts. The first is the issuance of the warrant using a neutral magistrate, who should be disinterested and detached from the issue (“Search and seizure,” n.d.). The second is that a probable cause should be established for the warrant based on facts. The third element is that a law enforcement officer should fill the warrant in good faith. The last is particularity, where the warrant should state expressly what the law enforcers should seize. Overall, the law guides on how to conduct search and seizure.
- Situations Where Search and Seizure is Possible Without a Warrant and Limitations
Several circumstances warrant search and seizure without a warrant. The first circumstance is consent, where the individual voluntarily allows agents to search his or her computer. Notably, the consent can be implicit, explicit, apparent, or actual (Jarrett & Baille, 2015). Another instant for warrant exception is exigent circumstances, which entail evidence being in imminent danger of destruction, the police or public facing danger because of the threat, police pursuing the criminal, and the likelihood of the suspect escaping (Jarrett & Baille, 2015). The third situation is a search incident to a lawful arrest whereby an officer can thoroughly search a suspect or their surroundings following an arrest. Border searches and plain view evidence equally do not require a warrant. However, warrantless searches have limitations, such as the inability to use proof obtained illegally to find other evidence (Jarrett & Baille, 2015). Officers also need reasonable suspicion that a person is involved in criminal activity before searching them. Again, cars are barred from searches unless the police officer has an inkling that the vehicle contains evidence of a crime. Search and seizure are possible without a warrant but have limitations.