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How do limitations on jurisdiction affect the enforcement of cybercrime?
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LIMITATIONS ON JURISDICTION
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Limitations of jurisdiction
According to Maillart (2018), the lim...
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Purdue University
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In addition to being a decorated law enforcement officer with 15 years of experience in investigations, you are also a member of a regional professional membership organization for law enforcement officers.
At next year's annual conference, you will be conducting a training for which members can receive continuing education credits. The topic of your training is "Probable Cause v. Reasonable Suspicion: How Do We Train Our Officers?" This is a "train the trainer" event, in that the bulk of the attendees at your workshop will be training officers who will take these techniques back to their agencies to use as they train their new officers on these constitutional issues.
Your job is to put together a PowerPoint presentation that will utilize contemporary case law and other resources to provide a training presentation to the attendees. The objective of your training is to help attendees learn how to differentiate between probable cause and reasonable suspicion. Essentially, your job is to provide these trainers with the tools to return to their agencies and make these concepts and issues clear to their officers. Effectively presenting this information can be the difference between a case being dismissed for lack of probable cause, and a deserving criminal defendant being prosecuted effectively.
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A definition of search and seizure
A discussion of who the Fourth Amendment regulates
A discussion of the reasonableness clause and the warrant clause of the Fourth Amendment
A definition of probable cause and of reasonable suspicion, and a discussion of the current state of the law on probable cause and reasonable suspicion
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I need support with this Law question so I can learn better.Here is the question that was asked:In light of this century's ...
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I need support with this Law question so I can learn better.Here is the question that was asked:In light of this century's development of modern electronic devices, do you think that the Fourth Amendment should be modified in terms of the search & seizure of electronic devices? If so, discuss what modifications you think should be made and why? If not, discuss why you do not think modifications need to be made and why. Are there any exceptions to the Fourth Amendment that may also be applicable? Be sure to use resources to substantiate your thoughts.After posting your original post, be sure to engage in discussion with your peers.————————————————————————————————————Respond to this post:The Fourth Amendment should be modified in terms of the search & seizure of electronic devices. In general, most warrantless private premises searches are prohibited under the Fourth Amendment unless a specific exception applies. It protects one of the United States citizens' fundamental rights (privacy) by defending people from unreasonable searches and seizures. However, predicting the Fourth Amendment jurisprudence's direction relating to this century's development of modern electronic devices is increasingly difficult because of the constant advancements in technology. As electronic devices become profound and convenient to use, people progressively rely on them to communicate with others via electronic mail, text message, and video conferencing. They also store their sensitive data such as pictures, health, and financial records. Hence, it's no surprise that a law enforcement search of an electronic device is now a routine part of any criminal investigation, regardless of how minor or severe the crime. I believe that privacy concerns must adapt to technological advances, and they must account for the ease with which information can be intercepted.Today, new technologies are a reality projecting us into a new era, and society must decide how to regulate their use, particularly concerning government surveillance. Traits unique to a digital world break down the distinctions on which the Court has traditionally relied to protect individual privacy concerning the Fourth Amendment. A typical example that proves the Fourth Amendment should be modified in terms of the search and seizure of electronic devices is the case of Riley v. California (2014), where the Supreme Court considered whether the 41-year-old search-incident-to-arrest exception to the warrant requirement applied to the contents of a cell phone in possession of an arrestee. As a category, modern cell phones implicate privacy concerns far beyond those involved by the search of a cigarette pack, a wallet, or a purse found in possession of an arrestee. Despite rapidly advancing technology, fundamental principles do not change. Some police agencies and investigators recognize the need to obtain a warrant for the search and seizure of electronic devices; many do not, which indicates that warrants are not being obtained consistently to implement surveillance of electronic devices. Technology does not give the government a license to surveil every move of its citizens; hence, modifying the Fourth Amendment in terms of the search & seizure of electronic devices will help control this problem.ReferencesThe Fourth Amendment and new technologies. (n.d.). The Heritage Foundation. https://www.heritage.org/report/the-fourth-amendment-and-new-technologiesTelephone technology versus the Fourth Amendment. (n.d.). American Bar Association. https://www.americanbar.org/groups/judicial/publications/judges_journal/2016/spring/telephoneDigest comment - New technologies and the Fourth Amendment. (2009, December 29). Harvard Journal of Law & Technology. https://jolt.law.harvard.edu/digest/digest-comment-new-technologies-and-the-fourth-amendmentOriginalism, the Fourth Amendment, and new technology. (2020, January 10). Law & Liberty. https://lawliberty.org/originalism-the-fourth-amendment-and-new-technology/
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15–20 PowerPoint slides with notes
In addition to being a decorated law enforcement officer with 15 years of experience in investigations, you are also a member of a regional professional membership organization for law enforcement officers.
At next year's annual conference, you will be conducting a training for which members can receive continuing education credits. The topic of your training is "Probable Cause v. Reasonable Suspicion: How Do We Train Our Officers?" This is a "train the trainer" event, in that the bulk of the attendees at your workshop will be training officers who will take these techniques back to their agencies to use as they train their new officers on these constitutional issues.
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Your training should address, but is not necessarily limited to, the following:
A definition of search and seizure
A discussion of who the Fourth Amendment regulates
A discussion of the reasonableness clause and the warrant clause of the Fourth Amendment
A definition of probable cause and of reasonable suspicion, and a discussion of the current state of the law on probable cause and reasonable suspicion
At least 2 different fact scenarios to illustrate the steps in the decision-making process for an officer in determining whether probable cause or reasonable suspicion exist
A discussion of the current state of the law in stop-and-frisk
A discussion of the consequences to law enforcement for violating the Fourth Amendment (such as the exclusionary rule or civil or criminal liability)
Any other information you believe important to convey in training on this topic
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I need support with this Law question so I can learn better.Here is the question that was asked:In light of this century's ...
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