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4th Admendment

In: Computers and Technology

Submitted By cercc56
Words 715
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4TH AMENDMENT TECHNOLOGY ISSUES in the 21st Century

The Fourth Amendment says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There are a couple of areas that of a great concern to me concerning how the Fourth Amendment is written. The first is the use of cell phones by police under the “Search Incident Arrest” (SITA) doctrine. The second is the seizure of Computer Hard Drives for criminal Investigations. In Chimel v California (1969), the court ruled that if police arrest someone, they may search the body of the person without a warrant and “the area into which he might reach” in order to protect material evidence and the officers’ safety. The origin of the SITA doctrine states that police may search a suspect, and the area immediately surrounding the person, without a warrant during a lawful arrest. The case of Riley v California (2014) in which David Leon Riley was arrested on August 22, 2009, after a traffic stop and discovered loaded firearms in his car. The officer took Riley’s phone and searched through his phone and searched through his messages, contacts, videos and photographs. They charged him with an unrelated shooting that occurred several weeks prior to his arrest and was convicted.
This second case police officers arrested Brima Wurie in 2007 for distributing cocaine. Amount the items seized was his cell phone. Without obtaining a warrant, officers looked through his phone call logs and with that information, determined the address of a residence where they found drugs, a firearm and ammunition. Brima Wurie was convicted of possession of narcotics with intent to...

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