46 Suffolk U. L. Rev. 211


What the Founders Did Not See Coming: The Fourth Amendment, Digital Evidence, and the Plain View Doctrine

PdfPDF by Kaitlyn R. O’Leary · February-24-2013 · Categories: Notes, Number 1, Print Edition, Volume 46

The development of digital technology has created a unique set of problems for courts attempting to determine whether certain practices pertaining to search and seizure of digital forensic evidence are violative of the Fourth Amendment.  The significant inherent differences between physical and digital property make a traditional application of the Fourth Amendment ill-fitting and unworkable.  Congress and the courts have attempted to grapple with the doctrinal inconsistencies that result from the physical-digital distinction by recognizing modifications in the practices, policies, and procedures that govern the search and seizure of digital evidence.  In the absence of well-defined  rules, however, courts are implementing widely varied and inconsistent approaches to determine whether the government violated the timing and particularity requirements of search warrants under the Fourth Amendment. . . This Note will analyze [...]