Search and Seizure of Computer and Digital Evidence: Legal Considerations for Trial and Appellate Judges
April 2-3, 2012
Introduction to Fourth Amendment Framework
Digital Evidence Locations and Computer Forensics, parts 1 & 2
Fourth Amendment Applicability: Expectations of Privacy "Inside the Box"
Fourth Amendment Applicability: Private Searches
Fourth Amendment Satisfaction: Competing Views of the Nature of Digital Evidence Searches
Warrantless Searches and Seizures: Consent; Search Incident to Arrest; Probable Cause-based Vehicle Searches
The Internet and Network Technology
Typical Investigation Involving Digital Evidence and Statutory Overview
Fourth Amendment Framework Regulating Outside the Box Investigations
Technology Framework-Tracking Technologies: Cell phones; Beepers; GPS, Cell Site Information
Legal Framework-Tracking Technologies: Cell phones; Beepers; GPS, Cell Site Information
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 March 27, 2012.