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Questions and Answers
What does the Fourth Amendment require for a search to be conducted?
What does the Fourth Amendment require for a search to be conducted?
What does reasonable suspicion allow law enforcement officers to do?
What does reasonable suspicion allow law enforcement officers to do?
What is meant by the term 'particularity' in relation to warranted searches?
What is meant by the term 'particularity' in relation to warranted searches?
What issue can arise during the seizure of evidence in computers?
What issue can arise during the seizure of evidence in computers?
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In the case U.S. v. Ross (1992), what aspect of the search was deemed valid?
In the case U.S. v. Ross (1992), what aspect of the search was deemed valid?
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Which type of privacy is considered the most difficult to define in cyberspace?
Which type of privacy is considered the most difficult to define in cyberspace?
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What factor is NOT considered when evaluating an employee's expectation of privacy during a private search?
What factor is NOT considered when evaluating an employee's expectation of privacy during a private search?
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What must occur for law enforcement to monitor emails legally?
What must occur for law enforcement to monitor emails legally?
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What can computer system administrators of government equipment NOT do?
What can computer system administrators of government equipment NOT do?
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Which of the following is NOT a type of recognized privacy?
Which of the following is NOT a type of recognized privacy?
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Which of the following is a component of evaluating private searches?
Which of the following is a component of evaluating private searches?
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Why is monitoring by a system administrator justified?
Why is monitoring by a system administrator justified?
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Under what circumstances is the 4th Amendment applicable to third-party origination?
Under what circumstances is the 4th Amendment applicable to third-party origination?
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What is one condition that must be considered for warranted searches relating to staleness?
What is one condition that must be considered for warranted searches relating to staleness?
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What factor is NOT considered in determining the validity of consent for warrantless searches?
What factor is NOT considered in determining the validity of consent for warrantless searches?
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Which of the following is a factor considered in exigent circumstances?
Which of the following is a factor considered in exigent circumstances?
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What does the term 'incident to arrest' primarily relate to?
What does the term 'incident to arrest' primarily relate to?
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Which type of search does NOT require probable cause?
Which type of search does NOT require probable cause?
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What does plain view pertain to regarding warrantless searches?
What does plain view pertain to regarding warrantless searches?
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Which of the following is NOT usually associated with warrantless searches?
Which of the following is NOT usually associated with warrantless searches?
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The Fourth Amendment requires a warrant based on probable cause to conduct a search.
The Fourth Amendment requires a warrant based on probable cause to conduct a search.
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Reasonable suspicion allows officers to conduct unlimited searches without a warrant.
Reasonable suspicion allows officers to conduct unlimited searches without a warrant.
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The term 'particularity' in searches refers to the need for a general search warrant.
The term 'particularity' in searches refers to the need for a general search warrant.
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The intermingling of personal matters with potential evidence can complicate searches of storage devices.
The intermingling of personal matters with potential evidence can complicate searches of storage devices.
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In the case U.S. v. Ross (1992), the search conducted was invalid due to lack of specificity in the warrant.
In the case U.S. v. Ross (1992), the search conducted was invalid due to lack of specificity in the warrant.
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The Fourth Amendment is applicable to searches conducted by third parties acting under law enforcement direction.
The Fourth Amendment is applicable to searches conducted by third parties acting under law enforcement direction.
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Warrantless searches always require probable cause.
Warrantless searches always require probable cause.
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In exigent circumstances, time taken to obtain a warrant is not considered.
In exigent circumstances, time taken to obtain a warrant is not considered.
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Items on an arrestee can include personal computers during a search incident to arrest.
Items on an arrestee can include personal computers during a search incident to arrest.
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When evidence is in plain view, there is no expectation of privacy.
When evidence is in plain view, there is no expectation of privacy.
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Warranted searches must be conducted in a timely manner to avoid issues with staleness.
Warranted searches must be conducted in a timely manner to avoid issues with staleness.
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All warrantless searches are typically related to computers.
All warrantless searches are typically related to computers.
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In U.S. v. Carey, a search executed while fulfilling a warrant was deemed invalid.
In U.S. v. Carey, a search executed while fulfilling a warrant was deemed invalid.
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Physical privacy is one of the recognized types of privacy.
Physical privacy is one of the recognized types of privacy.
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System administrators of government equipment cannot monitor their systems for routine protection.
System administrators of government equipment cannot monitor their systems for routine protection.
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Monitoring by law enforcement requires court authorization in all cases.
Monitoring by law enforcement requires court authorization in all cases.
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Employees have no expectation of privacy if they are warned that their personal information may be accessed.
Employees have no expectation of privacy if they are warned that their personal information may be accessed.
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Privacy in cyberspace is clearly defined and easy to evaluate.
Privacy in cyberspace is clearly defined and easy to evaluate.
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System administrators are allowed to assist law enforcement in uncovering evidence without any restrictions.
System administrators are allowed to assist law enforcement in uncovering evidence without any restrictions.
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There must be a clearly articulated policy to determine private areas from common areas.
There must be a clearly articulated policy to determine private areas from common areas.
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Study Notes
Fourth Amendment
- The first ten Amendments were created in response to the perceived tyranny of the English system.
- They are part of a system of checks and balances in the American system, including federal, state, and federal government divisions of authority
- Fourth Amendment (4A) requires probable cause and a warrant before searching
Reasonable Suspicion
- Officers can stop someone for investigation only with reasonable suspicion.
- During a stop, officers can conduct a limited pat-down search for weapons.
Warranted Searches and Computers
- Particularity in warrants is needed; warrants must be specific, not general, but differing interpretations by courts exist.
- Balance between public interest and individual's right to personal security from arbitrary interference by law enforcement is important.
- Complication concerning the mingling of personal matters and potential evidence.
- If the warrant mentions the storage device, a search is valid. (e.g., US v. Ross, 1992).
Third-Party Origination
- The Fourth Amendment does not apply when a third party acts under law enforcement's direction.
- Issues of staleness can arise when warrants are not executed in a timely manner. (e.g., US v. Hay).
Warrantless Searches
Consent
- Consent for searches must be reasonable.
- To assess the validity, the totality of the circumstances, along with physical control and limited access, must be considered.
Exigent Circumstances and Emergency Situations
- Factors to consider include the degree of urgency, amount of time needed for a warrant, volatility of evidence, danger at the scene, suspect's awareness of imminent police action, and risk of contraband destruction.
Incident to Arrest
- Safety is a consideration when searching an arrestee for inventory purposes.
- This does not cover PCs, laptops, or PDAs.
Plain View Exception
- This is not an exception; there can be no expectation of privacy if an item is in plain view.
- If an item is found while executing a warrant, it is a valid search. (e.g., US v. Carey).
Border Searches
- Probable cause is not required.
Other Warrantless Searches
- These do not typically relate to computers. Examples include automobile searches, field interrogations, and inventory searches.
Electronic Surveillance and the Right to Privacy
- Recognized privacy types include physical, communication, and information.
- Territorial privacy is the most difficult to define when considering cyberspace.
Private vs. Public-Sector Searches
- Evaluated through the expectation of privacy in private areas, whether items are set aside for an employee, employee permission, and if the employee has been advised of system accessibility by others.
- Evaluating if a history of searches or inspections exists in the area, and if there is a clear policy discriminating between common areas and private areas.
Application of Ortega to Email and the Cases of Simmons and Monroe
- System administrators have the right to monitor their systems as it falls within the scope of duty (i.e., routine monitoring, prevention of unauthorized access, and the verification of security processes).
- Law enforcement monitoring requires consent or authorization by court order, warrant, or special probable cause.
- System administrators are not empowered to work under law enforcement direction to uncover evidence.
The Electronic Communications Privacy Act and the Privacy Protection Act of 1980
- Local, state, or federal authorities cannot search or seize publishable materials without probable cause.
- Critics consider this Act vague, ambiguous, and overbroad that may cause harm to publishers, authors, editors, newspapers, and others disseminating information.
Communications Assistance for Law Enforcement Act (CALEA)
- Manufacturers and service providers of telecommunications equipment must develop systems for surveillance of telephone calls, cellular communications, advanced paging, satellite-based systems, and specialized mobile radio.
Other Questions Regarding Privacy
- Peer-to-peer (P2P) file-sharing: Reasonable expectation of privacy is unclear.
- Internet Service Provider (ISP) subscriber records: No reasonable expectation of privacy regarding basic subscriber information.
- Websites: No expectation of privacy for material posted on the Internet.
- Cell phones: Differ from landlines, with unclear reasonable expectation of privacy, with few courts allowing warrantless searches in exigent circumstances.
- Searches incident to arrest should not be warrantless, although court decisions on this topic have been inconsistent.
Other Legal Considerations
- Vicinage: The location of the offense, not the offender's presence, typically determines the venue. The internet requires consideration for determining venue in cases.
- Undercover techniques: Real-time monitoring of chat room activity does not always need a warrant.
- Sentencing guidelines: Issues involving sentence enhancements relating to items, specifically child pornography, do not have consistent interpretations.
Conclusions
- There needs to be additional guidance from the U.S. Supreme Court and Congress regarding expectations of privacy relating to the convergence of technology, especially when it comes to physicality.
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Description
Explore the Fourth Amendment's requirements for search warrants and reasonable suspicion. This quiz discusses the balance between individual rights and law enforcement needs, along with implications for searches involving computers. Test your knowledge on the nuances of warranted searches and their legal interpretations.
