Search and Seizure Laws in the Cyberworld (Essay Sample)

Search and Seizure Laws in the Cyberworld
The emergence of the cyberworld has brought cybercrime, a new variety of criminal behavior of using a computer to commit crimes. Evidence-collection by law enforcers performing cybercrime investigations can implicate any of several legal standards, including the 4th Amendment, which prohibits unreasonable searches and seizures (Brenner & Frederiksen, 2002). This paper discusses the facets of search and seizure laws as applied in cybercrime and characterizes the different types of searches that need and do not need warrants. It also examines statutes regarding search and seizure.
Facets of Search and Seizure Laws as it Applies in Digital Crime
The 4th Amendment prohibits “unreasonable searches and seizures” (Taylor et al., 2019). The 4th Amendment applies to the searches and seizures of electronic devices. In most cases, people have a reasonable expectation of privacy in their digital devices’ contents. Thus, the 4th Amendment requires the police to acquire search warrants to search such devices unless an exemption to the warrant’s requirement applies. Recently, the Supreme Court removed one vital exemption when it ruled that digital devices might not be searched incident to suspects’ arrests. Therefore, search warrants will often be compulsory to search a suspect’s electronic devices (Welty, 2019). Warrants are normally required to search digital devices. Search warrants are only issued upon probable cause, supported by a magistrate, and specifically defining the individuals or objects to be seized and the place to be searched (Taylor et al., 2019).