Protecting The Citizen For Unreasonable Search And Seizure

The 4th and 5th amendment are protecting the citizen for unreasonable search and seizure. That means, that an investigator needs a search warrant to search and seizure a private property. In some cases the investigator doesn t need a search warrant, but only when an exception to the warrant requirement applies. For instance if a police pull over a car because the driver drove to fast and the officer recognize the smell of marihuana out of the car, then he is allowed to search the car without a search warrant. The Problem with the fourth amendment is, that the fourth amendment is connected to physical searches and seizures. Thus, it is really difficult to apply the fourth amendment for digital evidence because the environments between digital and physical evidence are quite different. For instance, if the police has a search warrant for a house or person, then the search warrant contains â€Å"where† the search occur and for â€Å"what†. On closer consideration, the â€Å"where† question cannot be used for digital evidence. It can be used to find a computer, but the â€Å"where† are the data located, cannot be used for the forensic process. A big problem with digital evidence is, that the suspects can hide the evidence on any location on the Hard Drive. That means a judge, a police office or a forensic analyst can impossible predict where exactly the evidence is located on the Hard Drive. That implies, that the forensic analyst have to search through the entire Hard Drive to find the evidenceShow MoreRelatedEssay on The Act of Search and Seizure in the United States978 Words   |  4 Pagesas conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. 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