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Posted: September 5th, 2022
Digital Forensics in the Criminal Justice System
Digital Forensics in the Criminal Justice System
According to the Fourth Amendment, searches and seizures should be reasonable, and as such, the government should secure a warrant based on probable cause prior to arresting or searching a person. The Fourth Amendment is also applicable to the search and seizure of electronic devices (such as computers and smart phones). The eventual goal of this provision is to safeguard the citizen’s right to privacy and freedom from unreasonable intrusions by the government (Vile & Hudson, 2012). That said, I do not believe that the fourth amendment needs to be modified. The founders of our nation wrote the amendment to remain the same. Also, there is no need to amend the fourth amendment because case law and subsequent legislation provides enough interpretation of the constitution and other laws.
Furthermore, I believe that when the law on the search and seizures of electronic devices was being made, all possible scenarios in terms of new challenges and problems with the passage of time were put into consideration; this was to make the ground rules to be stable. And true to the anticipation of the lawmakers, legislation on the search and seizure as it pertains to the fourth amendment has withstood the test of times and continues to serve its original purpose (Clancy, 2013). There is an exception to the Fourth Amendment that may also be applicable. This is the border search exception. Under this exception, the government can engage in routine inspection and searches of people at the US border without probable cause or reasonable suspicion of criminal activity (McInnis, 2010). This law should also remain the way it is and not be subjected to modifications because there will always be less expectation of privacy at the border.
References
Clancy, T. K. (2013). The Fourth Amendment: Its history and interpretation. Carolina Academic Press
McInnis, T. N. (2010). The evolution of the Fourth Amendment. Lexington Books.
Vile, J. R., & Hudson, D. (2012). Encyclopedia of the Fourth Amendment. CQ Press.
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