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The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
Law Student Publications
George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …
Review Of Search And Seizure: Constitutional And Common Law, Ronald J. Bacigal
Review Of Search And Seizure: Constitutional And Common Law, Ronald J. Bacigal
Law Faculty Publications
Review of Search and Seizure: Constitutional and Common Law by John W. Hall.
Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal
Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal
Law Faculty Publications
This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is …