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Posted: September 5th, 2022
Digital Forensics in the Criminal Justice System
In keeping with the Fourth Modification, searches and seizures must be affordable, and as such, the authorities ought to safe a warrant based mostly on possible trigger previous to arresting or looking an individual. The Fourth Modification can be relevant to the search and seizure of digital units (equivalent to computer systems and sensible telephones). The eventual purpose of this provision is to safeguard the citizen’s proper to privateness and freedom from unreasonable intrusions by the authorities (Vile & Hudson, 2012). That stated, I don’t imagine that the fourth modification must be modified. The founders of our nation wrote the modification to stay the similar. Additionally, there isn’t any must amend the fourth modification as a result of case legislation and subsequent laws offers sufficient interpretation of the structure and different legal guidelines.
Moreover, I imagine that when the legislation on the search and seizures of digital units was being made, all potential situations in phrases of latest challenges and issues with the passage of time have been put into consideration; this was to make the floor guidelines to be steady. And true to the anticipation of the lawmakers, laws on the search and seizure because it pertains to the fourth modification has withstood the take a look at of occasions and continues to serve its authentic goal (Clancy, 2013). There may be an exception to the Fourth Modification which will even be relevant. That is the border search exception. Below this exception, the authorities can interact in routine inspection and searches of individuals at the US border with out possible trigger or affordable suspicion of legal exercise (McInnis, 2010). This legislation also needs to stay the means it’s and never be subjected to modifications as a result of there’ll at all times be much less expectation of privateness at the border.
References
Clancy, T. Ok. (2013). The Fourth Modification: Its historical past and interpretation. Carolina Educational Press
McInnis, T. N. (2010). The evolution of the Fourth Modification. Lexington Books.
Vile, J. R., & Hudson, D. (2012). Encyclopedia of the Fourth Modification. CQ Press.
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