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Full-Text Articles in Law
Arizona V. Evans: Adapting The Exculsionary Rule To Advancing Computer Technology, C. Maureen Stinger
Arizona V. Evans: Adapting The Exculsionary Rule To Advancing Computer Technology, C. Maureen Stinger
Richmond Journal of Law & Technology
The Fourth Amendment to the Constitution protects people from illegal search and seizure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The exclusion of evidence obtained from such an illegal search, known as the exclusionary rule, is purported to sanction unconstitutional police conduct by prohibiting illegally seized evidence from being admitted into court. The …
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Self Incrimination And Cryptographic Keys, Greg S. Sergienko
Richmond Journal of Law & Technology
The Fifth Amendment commands that no person "shall be compelled in any criminal case to be a witness against himself." However, extending current judicial interpretations of the Fourth and Fifth Amendments too far may allow the government easy access even to private documents, making one's diary and other documents accessible and admissible in court against their author. What the Court has taken away, technology has given. Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key, thus making the availability of the contents of those documents depend on the availability of the key. This article examines …