Essay on Computer Crime And The Fourth Amendment

1687 Words May 3rd, 2015 7 Pages
Computers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As technology is on the upswing and more people are using computers, it gives way to a rise in computer related crime. With an uprising of computer crime it is becoming more imperative that law enforcement officers understand how to obtain evidence that is stored on computers and how the Fourth Amendment protections apply to searching computers. The entire premise of the Fourth Amendment is to prevent law enforcement agents from searching and seizing evidence without having a warrant. The Fourth Amendment is fairly clear as to what is required when it pertains to searches and seizures. According to the manual on search and seizure published by The Office of Legal Education, the Fourth Amendment reads as “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.” The…

Related Documents