Conference Materials

 

Search and Seizure of Computer and Electronic Evidence
November 15-16, 2011

 

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

Warrants for Digital Evidence: Powerpoint; Warrant Materials

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

Outside the Box: The Internet and Network Technologies

Legal Framework Regulating Outside the Box Investigations

Putting it all together: Legal Framework of Typical Investigations Involving Digital Evidence

Technology Framework-Tracking Technologies: Cell phones; Beepers; GPS, Cell Site Information

Legal Framework-Tracking Technologies: Cell phones; Beepers; GPS, Cell Site Information

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 on January 2012.