Appraising Legal Issues related to Cyber crime Investigations

timer Asked: Apr 25th, 2017
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Question Description

The syllabus for the Georgia v. Randolph (2006) case contains a summary of the case and the primary legal issues that were discussed in the case. Be sure you have read the entire syllabus paying particular attention to the “consent” legal issues at hand. Using the syllabus, your text, the Internet, and other academic sources, explain how the Randolph ruling might apply to cases involving computers and/or other devices that contain digital evidence. In the absence of consent, what other exceptions to the search warrant might apply to computers or other high-tech evidence and to what extent? In a 3–5 page paper, articulate your answer and provide at least two practical examples.

Tutor Answer

School: New York University



Cyber Crime Investigations
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In regards to cases involving computers as well as other electronic devices, the consent of
the owner of computer is required before accessing the information on the personal device. The
Fourth Amendment of the American constitution limits the ability of law enforcement officers
and other government investigators when carrying out searches for evidence. Just like any other
private commodity such as Rudolph’s house, the court applies the same privacy requirements for
accessing the personal computers as any other commodity regarded private (Kerr, 2005). For
example, in the case of Rudolph, his house was regarded a private property and the search of the
property without his consent constituted a warrantless search as well as a violation of privacy.
Consequently, the evidence seized from this search was regarded by the Court of Appeal to be
inadmissible in the court as incriminating evidence.
The same case applies to the case of computers that are in possession of digital evidence.
The court applies the same rule as with any ot...

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