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Concept of Search and Seizure Law

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Added on  2021-06-18

Concept of Search and Seizure Law

   Added on 2021-06-18

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Concept of Search and Seizure Law_1
1.Explain the intent and fundamental concepts of search and seizure law as it applies to digital crime.The intention of the search and seizure law is to prevent illegal search and seizure of personal properties by the enforcement. According to Kerr (2005) the law was meant to protect the citizens by upholding their right to privacy and reasonableness from the government agencies butnot from private individuals. Any agency which intends to perform a search and seizure must do so under a warrant and only seizes the listed items on the warrant if the search was successful. In a situation whereby, a person has been suspected to have committed cybercrime, the agency responding to the issue must seek for a warrant from a neutral magistrate which will permit themto search and seize any digital evidence that shall be used in taking action to the culprit against cybercriminal activities. They use the evidence to create a concrete need to apprehend the personagainst cybercrime assisted by the computer forensic specialists in extracting the data required. There are two ways through which search can be performed in case of suspected cybercrime activities: through warrant or without warrant.2. Identify and explain situations where search and seizure is possible without a warrant. Please describe the limitations.According to Murphy (2013), there are exemptions through which agencies can perform search and seizure without warrant are;Situation 1: Consent- This is where an individual complies with the enforcement agencies to do asearch and seizure without being coaxed or tricked by the agency into doing so. In this circumstance, the police can go ahead and search without a need for a warrant.Situation 2: plain view- If the evidence is visible, agencies are given a go ahead to continue and search for the evidence and seize if need be.Situation 3: Search Occurrence to Arrest- In a situation where the police have arrested a suspect, they don’t need to have a warrant to perform a search and seizure in the victim’s premises so as to gather more evidence pertaining the arrest. Police have all the right to gather more evidence pertaining a related arrest crime associated with a cybercrime that could otherwise be destroyed.
Concept of Search and Seizure Law_2

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