Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Computer searches as 21st Century general warrants

By John Wesley Hall, Jr.

I was reading a child porn computer search case today, posted elsewhere, that again made me think about how easy it is for police to put in a search warrant application that they want to search for a computer. So, let me go on a little about the need for computer searches just because there is a computer in the placed to be searched: What is the "nexus" of the computer to the evidence to be sought, practically, realistically, and actually? Is it hypothetical or real? Even if it is hypothetical, is that enough to get over the good faith exception? The case law is not all that helpful. Basic search principles lead to one result, but computer searches almost seem to be in the process of subconsciously trying to divide off into their own little world so they become subject to different rules...continue to full post

Full post as published by Fourth Amendment on April 19, 2008 (boomark / email).