| The Fourth Amendment to the United States Constitution was enacted to protect the citizens of the United States from unreasonable governmental searches and seizure of private property. Drafted in contemplation of a physical world, the concepts and rules of the Fourth Amendment have been refined through legal proceedings resulting in clear and well-established rules that regulate traditional physical searches.;Today, greater than 93% of new information begins in some format of digital information and stored digital data is estimated to be doubling every 18 to 24 months. Consequently criminal cases are increasingly built upon digital evidence that must be found, searched and seized by law enforcement. With the amount of individuals' intimate and personal lives now stored in digital format, the importance of preventing unreasonable governmental intrusion through digital searches cannot be understated.;The purpose of this research was to examine the application of the Fourth Amendment, and its applicability to the search and seizure of digital evidence, including how court decisions have influenced law enforcement's collection of digital evidence.;The results reveal the attempts to translate the existing principles of the Fourth Amendment from the physical to digital realm has led to confusing and often contradictory court opinions that at times unfairly inhibit law enforcement digital investigations and others that barely restrict law enforcement at all. To date, there have been numerous proposals to translate the Fourth Amendment to the digital realm but none have proved a satisfactory solution.;The research concluded that Congress must pass laws regulating digital search and seizure which would ultimately be refined through the courts.;Keywords: Cybersecurity, Christopher Riddell, computer, container, plain view doctrine, warrants, particularity. |
