1. Does the Fourth Amendment to the U.S. Constitution provide protection against searches of an individual’s personal devices, e.g. smart phones or tablets? The Law, Regulation And Ethics Of Information Assurance

1. Does the Fourth Amendment to the U.S. Constitution provide protection against searches of an individual’s personal devices, e.g. smartphones or tablets. 2. Are there legal precedents that allow warrantless physical searches on smart phones? 3. How can law enforcement agencies use technology to conduct remote and local searches and retrieve data from devices, such as tablets computers and smart phones??
Information Assurance: Law, Regulation, and Ethics
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Fourth Amendment of the U.S. Constitution says that everyone has the right to their home, papers and personal possessions from arbitrary searches and seizure. No warrants may be issued except there is probable cause. It must be supported by affirmation or oath, and clearly describe the area to be searched as well as the persons or items to be taken. This clause serves two main purposes: to protect people’s privacy and to prevent arbitrary government intrusions. However, the Fourth Amendment protects only against searches or seizures by government officials that have been deemed legally unconstitutional (Kim 2017, 2017). The Fourth Amendment does not protect against all searches and seizures. Courts have been paying attention to the Fourth Amendment’s application to electronic searches, and seizure. The rise of cybercrime has resulted in an explosion in internet usage and online searches. Computers, hard drives and other electronic devices often contain evidence of these crimes. Fourth Amendment law governs the search and seizing of electronic devices. It is often argued that law enforcement may search an employer-owned computer, but it can be used by an employee to work. The majority of cases state that employees don’t have any legitimate expectation that data on company-owned computers will be kept private, even though the law on this issue is split (Kim 2017, 2017). This expectation of privacy was expanded by the Supreme Court in 2010’s City of Ontario, v. Quon (8-1332). Eavesdropping and electronic surveillance have had an impact on recent Fourth Amendment cases. Cont…
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