Search warrants are a major part of most investigations that take place everywhere in our country. What is a search warrant? It is basically a court order that is issued by a judge or any other type of Supreme Court official that authorizes law enforcement personnel, in most cases police officers, to conduct a search of a person, house, vehicle, or any other type of location. Evidence of a crime is what is mostly being searched for. Authorities will most often confiscate the evidence or objects of the crime.…
Global technology is on the rise and being used by many on a daily basis. Companies all around the world are using technology, as well as individuals for personal use. With the rise of global technology comes the increase of cyber crimes and cyber-related threats. With so much personal information available online criminals are finding it easier than ever to access it.…
Individual rights under the Fourth Amendment can make or break a case in trial. According to the Fourth Amendment, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This is a United States citizens Fourth Amendment right equally protected to all. This protects the people from the State and Federal Governments within their privacy. The Fourth Amendment also advises that a Law Enforcement Officer (LEO) must have probable cause before seeking a warrant. Probable cause is when there are enough facts, or totality of the circumstances, that a crime has happened. The LEO if seeking for a search warrant must state in the warrant what it is they will be searching for. For example, if an LEO seeks a search warrant for stolen property; the LEO must only check items in the house which could be stolen; i.e. televisions, computers, vehicles etc. The LEO checking a thumb drive, not putting on the warrant to check that equipment, which contains child pornography, would be an illegal search and seizure. Unfortunately, the defendant in this situation would have the evidence suppressed due to the illegal search.…
Law Enforcement has to keep these “liberties” in mind when fighting cybercrime. Cybercrime can be defined as “crime that involves the use of computers or the mini population of digital data as well as any violation of a federal or state cybercrime statute” (Schmalleger, 2012, P 309)…
Schmalleger, F. (2012). Criminal Justice: A Brief Introduction, (9th Ed.). (Online Version) Retrieved from AIU Online CRJS101-1203A-17: Foundations of Criminal Justice Systems.…
The computer world gives criminals a large amount of power because victims can just about anyone and can happen internationally (Maras, 2015). It can be hard for law enforcement to understand cybercrime because of how fast new crimes are committed and the new ways to commit those crimes is constantly changing (Maras, 2015). For example, various ways to commit cybercrime include hacking, malware, cyberterrorism, cyberextortion, and cybervandalism (Maras, 2015). It can be hard for law enforcement to keep up with these criminals because of how often technology is changing. Account holders of platforms such as social media, online bank accounts and billing accounts, email, and more have to be very cautious when using technology because of how easy…
for the hacker is for financial gain. Cybercrime is about making a profit and continuing to make…
There are many challenges law enforcement agencies face when investigating internet exploitation, cyber stalking, and obscenity. Few challenges include overlapping effort, lack of funding, overlapping jurisdictions, and priority. The purpose of this paper is to explain in detail the greatest challenge law enforcement agencies investigating exploitation, cyber stalking, and obscenity, the specific challenges with overlapping of jurisdictions and solutions for overcoming these challenges, and to discuss if states should have the ability to work with one another when a cyber- crime is carried out across state lines.…
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (1) These words of the Fourth Amendment give the people protection against unnecessary harassment by local, state and federal law enforcements. Authorities have to go through a process to acquire a warrant to search homes, papers, effects and persons with probable cause. However, there is a rationale for a warrantless search. This poses the questions: What is the rationale for allowing warrantless searches, are those reasons persuasive and do all such searches require that probable cause exist or are there exceptions?…
Cybercrime, also called computer crime because the use of a computer is used as tool to help people meet their illegal ends. Some cybercrime examples are committing fraud, trafficking in child pornography and intellectual property, stealing other peoples identity, or violating privacy of others.…
A breakdown of the responsibilities shows that the UK cybercrime policing in 2010 involves services run by both state policing and partner agencies. Cases of fraud and related forms of cybercrime such as identity theft are reported to the new action fraud reporting centre was established in late 2009 in conjunction with the National Fraud Authority; both are policing agencies.…
The reason for this is due to the ease in which files that would be considered evidence could be camouflaged or disguised using deceptive file names or extensions. However, some courts have ruled to the fact since computer storage has increased significantly and the amount of information stored on a computer can be monumental that some restrictions to the plain view doctrine need apply. “Other courts have concluded that because computer searches bring so much information to officers’ attention, the plain view doctrine must be limited. These cases generally have arisen in the context of searches pursuant to search warrants, and courts have expressed a concern that computer search warrants may amount to general warrants that allow officers to rummage through a suspect’s computer for evidence of any wrongdoing” (Welty, 2013). When an officer is searching through a suspects’ computer in accordance with a valid search warrant other evidence found pertaining to a new crime can be seized under the plain view doctrine without an additional search…
Cyber-crime is one of the newer forms of crime that have risen over the past few decades. While this form of crime cannot physically hurt anyone, it will certainly hurt their pocket, their dignity and their computer. Being a new form of crime, there are not very many ways to prevent it or how to locate the criminals. Many people have been harmed in many different ways by this crime. These people have lost personal items, documents, and potentially credit card information. The way we can solve cyber-crime is by limiting our personal information about ourselves on the internet, joining random Wi-Fi networks, and avoiding random or spam accounts on social media websites. Cyber-crime is dangerous for both individuals and large businesses and both need to take the proper precautions to prevent being in danger.…
Cyber Stalking: It is express or implied physical threat that create fear through the use of computer technology such as email, phones, text massage, web camp, website etc.…
MANILA, Philippines—Liking and sharing libelous material on Facebook and retweeting similarly defamatory content on Twitter would make a netizen liable under the Cybercrime Prevention Act, Sen. Miriam Defensor-Santiago warned on Saturday.…