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Questions and Answers
What is required for law enforcement to conduct a search under the Fourth Amendment?
What is required for law enforcement to conduct a search under the Fourth Amendment?
What is emphasized by the principle of particularity in searches?
What is emphasized by the principle of particularity in searches?
What is a potential problem when evidence is seized during a search?
What is a potential problem when evidence is seized during a search?
In the context of law enforcement searches, reasonable suspicion allows officers to do what?
In the context of law enforcement searches, reasonable suspicion allows officers to do what?
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According to the 1992 case U.S. v. Ross, what validates a search of storage devices?
According to the 1992 case U.S. v. Ross, what validates a search of storage devices?
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What is considered a type of recognized privacy in cyberspace that is difficult to define?
What is considered a type of recognized privacy in cyberspace that is difficult to define?
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What factor is NOT considered when evaluating an employee's expectation of privacy in a private-sector search?
What factor is NOT considered when evaluating an employee's expectation of privacy in a private-sector search?
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What is required for law enforcement to monitor emails when consent is not given?
What is required for law enforcement to monitor emails when consent is not given?
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What is NOT a responsibility of system administrators monitoring government equipment?
What is NOT a responsibility of system administrators monitoring government equipment?
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Which aspect is considered when determining if an area is private in the context of private-sector searches?
Which aspect is considered when determining if an area is private in the context of private-sector searches?
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What is a key requirement for system administrators when monitoring equipment?
What is a key requirement for system administrators when monitoring equipment?
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Which of the following is a factor to consider regarding an employee's private use of a workspace?
Which of the following is a factor to consider regarding an employee's private use of a workspace?
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What is a key factor in determining the validity of consent for a warrantless search?
What is a key factor in determining the validity of consent for a warrantless search?
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In which scenario would the 4th Amendment not apply to a third-party origination?
In which scenario would the 4th Amendment not apply to a third-party origination?
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What must law enforcement consider in exigent circumstances when conducting a warrantless search?
What must law enforcement consider in exigent circumstances when conducting a warrantless search?
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Which type of search does NOT typically include personal computing devices and their contents?
Which type of search does NOT typically include personal computing devices and their contents?
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What is the primary characteristic of a search conducted under the plain view doctrine?
What is the primary characteristic of a search conducted under the plain view doctrine?
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Which of the following scenarios can justify a warrantless search without a probable cause?
Which of the following scenarios can justify a warrantless search without a probable cause?
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What is a common risk assessed in exigent circumstances regarding evidence?
What is a common risk assessed in exigent circumstances regarding evidence?
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Which statement regarding staleness in executing a warrant is true?
Which statement regarding staleness in executing a warrant is true?
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The Fourth Amendment requires law enforcement to have a warrant based on presumed importance.
The Fourth Amendment requires law enforcement to have a warrant based on presumed importance.
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Reasonable suspicion allows officers to perform a broad search without restrictions.
Reasonable suspicion allows officers to perform a broad search without restrictions.
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The principle of particularity in searches allows for generalized searches without specification.
The principle of particularity in searches allows for generalized searches without specification.
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In the case of U.S. v. Ross, a search is valid if the storage devices are mentioned in the original warrant.
In the case of U.S. v. Ross, a search is valid if the storage devices are mentioned in the original warrant.
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The balance between public interest and individual rights is a key consideration in the seizure of evidence.
The balance between public interest and individual rights is a key consideration in the seizure of evidence.
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System administrators of government equipment have the right to monitor their systems only with consent from users.
System administrators of government equipment have the right to monitor their systems only with consent from users.
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Expectations of privacy can be evaluated based on whether employees have been advised that their systems may be accessed by others.
Expectations of privacy can be evaluated based on whether employees have been advised that their systems may be accessed by others.
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Monitoring by law enforcement does not require any type of authorization in most situations.
Monitoring by law enforcement does not require any type of authorization in most situations.
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There are four recognized types of privacy: physical, communication, information, and territorial.
There are four recognized types of privacy: physical, communication, information, and territorial.
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System administrators must report all findings from their monitoring activities directly to law enforcement officials.
System administrators must report all findings from their monitoring activities directly to law enforcement officials.
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A clearly articulated policy regarding search areas is not necessary when evaluating privacy in private-sector searches.
A clearly articulated policy regarding search areas is not necessary when evaluating privacy in private-sector searches.
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Employees have no expectation of privacy if they have stored personal items in a workspace provided by their employer.
Employees have no expectation of privacy if they have stored personal items in a workspace provided by their employer.
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The Fourth Amendment applies to all situations involving third-party originations.
The Fourth Amendment applies to all situations involving third-party originations.
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Law enforcement can execute a search warrant based on evidence that is months old without any concerns about staleness.
Law enforcement can execute a search warrant based on evidence that is months old without any concerns about staleness.
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Warrantless searches can be justified under exigent circumstances if there is a risk of evidence destruction.
Warrantless searches can be justified under exigent circumstances if there is a risk of evidence destruction.
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During a warrantless search incident to an arrest, personal computing devices are included in the items that can be searched.
During a warrantless search incident to an arrest, personal computing devices are included in the items that can be searched.
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The plain view doctrine allows law enforcement to seize evidence that is visible at the scene without a warrant.
The plain view doctrine allows law enforcement to seize evidence that is visible at the scene without a warrant.
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A search at a border does not require probable cause to be valid.
A search at a border does not require probable cause to be valid.
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Consent given for a search must always cover the entire scope of what law enforcement wishes to examine.
Consent given for a search must always cover the entire scope of what law enforcement wishes to examine.
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In exigent circumstances, only the danger at the scene is considered when determining the need for a warrantless search.
In exigent circumstances, only the danger at the scene is considered when determining the need for a warrantless search.
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Study Notes
Fourth Amendment and Legal Issues
- The first ten Amendments were created in response to perceived tyranny in the English system.
- The Fourth Amendment is part of a system of checks and balances in American government.
- This includes the tripartite federal government and the division of authority between states and the federal government.
- Probable cause is needed under the Fourth Amendment to search, requiring a warrant.
Warrant Requirement
- Specific warrants are needed for searches, not generalized, although the meaning can be subject to differing legal interpretations.
- The warrant must be specific to what is being searched.
- Complication can arise when searching storage devices, but if mentioned in the original warrant, the search is valid (U.S.v. Ross, 1992).
Warrantless Searches
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Consent must be reasonable; looking at the totality of the circumstances is important to determine validity. Physical control and limited access should be assessed.
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In exigent circumstances, considerations include urgency, time needed to obtain a warrant, and volatility of evidence. Factors also include danger at the scene, suspect's knowledge of police action, and risk of contraband destruction.
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Searches incident to arrest are meant for safety; only items on the arrestee can be searched. PCs, laptops and PDAs are excluded from this.
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Plain view is not an exception to warrant requirement. Visible items are only not protected if they're visible. (U.S. v. Carey).
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Border searches do not require probable cause.
Other Warrantless Searches
- Warrantless searches concerning computers, autos, field interrogations, and inventory searches are typically not related to computers.
Electronic Surveillance and the Right to Privacy
- Recognized types of privacy include physical, communication, and informational privacy.
- Territorial privacy is most difficult to define, especially when considering cyberspace.
Private vs. Public Sector Searches
- Evaluating expectation of privacy in private sector searches involves considering whether areas or items are exclusively for the employee, whether permission is given for storage of personal items, and if employees are aware the system can be accessed by others.
- History of searches and a clearly articulated policy that distinguishes common areas from private areas are also considered.
Application of Ortega to Email
- Government system administrators have the right to monitor their systems within the scope of their duties. This includes routine protection monitoring, system management, and prevention of unauthorized access.
- Monitoring by law enforcement requires consent or authorization by a judge or warrant or special probable cause.
- System administrators should not work under the direction of law enforcement for evidence uncovering.
Privacy Protection Act of 1980
- Local, state, or federal authorities cannot search or seize materials without probable cause.
- Criticized for vagueness, ambiguity, and overbreadth.
Possible Privacy Act Victims
- Publishers,
- Authors,
- Editors,
- Newspapers,
- Anyone disseminating information.
Communications Assistance for Law Enforcement Act (CALEA)
- Manufacturers and service providers of telecommunications equipment must develop systems to allow for surveillance of phone calls, cellular communications, advanced paging, satellite-based systems, and mobile radio.
Other Questions on Privacy
- Peer-to-peer or file sharing cases do not clearly define expectation of privacy application.
- Internet service provider subscriber records do not usually have an expectation of privacy for basic information.
- Websites posted on the internet do not have expectations of privacy.
- Cell phone privacy expectations are different than landlines; however, exigent circumstances may justify warrantless searches.
Other Legal Considerations
- Vicinage is the location of the offense; this is not necessarily the same place as where the person is located.
- Real-time monitoring of chat room activity doesn't need a warrant.
- Sentencing guidelines for items, such as child pornography, need clearer criteria.
Conclusions
- The U.S. Supreme Court and Congress need to provide more guidance on expectation of privacy regarding the convergence of technology, specifically in the physicality aspects.
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Description
Test your knowledge on the Fourth Amendment and its legal implications. This quiz covers warrant requirements, probable cause, and the nuances of warrantless searches. Understand the importance of specific warrants and the legal standards applied in various scenarios.
