Conference Materials

 

Search and Seizure of Computer and Digital Evidence: Legal Considerations for Trial and Appellate Judges
September 20-21, 2012

1. Welcome and Introduction to Fourth Amendment Framework - Don Mason

2. Digital Evidence Locations and Computer Forensics - Don Mason

3. Fourth Amendment Applicability: Private Searches - Priscilla Grantham

4. Fourth Amendment Applicability: Expectations of Privacy - Don Mason

5. Fourth Amendment Satisfaction: Competing View of the Nature of Digital Evidence Searches (includes plain view, overview of execution issues, etc. - Priscilla Grantham

6. Warrantless Searches and Seizures: Consent; Search Incident to Arrest; Probable Cause based Vehicle Searches - Priscilla Grantham

7. The Internet and Network and Technology - Don Mason

8. Typical Investigations Involving Digital Evidence - Priscilla Grantham

9. Fourth Amendment and Statutory Framework Regulating Outside the Box Investigations - Don Mason

10. Technology Framework - Tracking Technologies: Beepers; Cell Phones; and GPS - Don Mason

11. Legal Framework - Tracking Technologies - Priscilla Grantham

 

Appendices

Thomas K. Clancy, The Fourth Amendment Aspects of Computer Searches and Seizures: A Perspective and a Primer, 75 Miss. L.J. 193 (2005).

Thomas K. Clancy, A Structural Approach to the Fourth Amendment

Donald R. Mason, Electronic Communications Privacy Act of 1986 Outline

Additional Source Materials

Thomas K. Clancy, The Fourth Amendment: Its History and Interpretation
(Carolina Academic Press 2008).

Treatise Supplement: Summary of Current Supreme Court Cases
This supplement is periodically updated. Current version updated July 2012.