A big concern around the collection and analysis of digital evidence is when an executed search warrant becomes a general warrant. Digital evidence is scattered within a computer surround by data that is considered to be protected documents. Because of this fact digital evidence collection and analysis can turn a warrant into a general warrant. This is a major problem for law enforcement because it means that whole cases could be thrown out, or criminals could end up back on the street. Many people have tried to determine what the best course of action is to try and avoid general warrants with computers. One example of this is the case with Burlington Police department. The case was identity theft, the police applied for a warrant to search
…show more content…
Judges should not completely remove the ability for law enforcement officers to use the plain view exception, including when examining digital evidence. Obviously digital devices today contain a large amount of personal information. Recently the Supreme Court ruled in the case of Riley v. California that phones acquired during an arrest require a search warrant to be examined. Two things come from this case, first the Supreme Court has stated that digital devices contain so much personal information that it needs to be protected, and second they basically removed the search incident to an arrest exception when it comes to phones. If this trend continues then it may just become not only common place to remove plain view from digital evidence, but it may also become president. Both sides of this argument are very compelling, digital devices contain so much personal information that it is important for law enforcement officers to be careful about privacy. As well as the other side where the plain view exception has helped prosecute so many criminals and helped so many investigations. Overall the plain view exception should be kept when examining digital evidence, however law enforcement needs to use reasonable judgment. As soon as they see evidence of another crime, they need to obtain a new
Judges should not completely remove the ability for law enforcement officers to use the plain view exception, including when examining digital evidence. Obviously digital devices today contain a large amount of personal information. Recently the Supreme Court ruled in the case of Riley v. California that phones acquired during an arrest require a search warrant to be examined. Two things come from this case, first the Supreme Court has stated that digital devices contain so much personal information that it needs to be protected, and second they basically removed the search incident to an arrest exception when it comes to phones. If this trend continues then it may just become not only common place to remove plain view from digital evidence, but it may also become president. Both sides of this argument are very compelling, digital devices contain so much personal information that it is important for law enforcement officers to be careful about privacy. As well as the other side where the plain view exception has helped prosecute so many criminals and helped so many investigations. Overall the plain view exception should be kept when examining digital evidence, however law enforcement needs to use reasonable judgment. As soon as they see evidence of another crime, they need to obtain a new