Search and Seizure
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This section is dedicated to an analysis of search and seizure issues.  This section is not focused on sex crimes, but is provided as a general reference tool.  This is a new project of mine and I will be adding to it over time.  I have tried to include cases regarding the search and seizure of computers as much as possible.

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The United States Constitution:  This is a link to FindLaw.com, which organizes, sorts and discusses the U.S. Constitution.

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Search and Seizure Package:  This is a PDF file that contains the following chapters.  It can be viewed or downloaded as a single file.

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The Florida Constitution:  This is the Florida Constitution courtesy of Online Sunshine.

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Consent Searches: This chapter focuses on case law defining the parameters of a valid consent to search.  

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Expectations of Privacy in Internet Communications:  This chapter discusses 4th Amendment expectations of privacy in emails, chat rooms, peer to peer networks and ISP records. 

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Miscellaneous Issues: This chapter contains some case summaries on computer-related issues that don't fit into a specific category.  Most of these are not search and seizure-related. 

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Particularity Requirements:  This chapter focuses on the particularity requirements of a search warrant.  Special emphasis is placed on searches of computers.  

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Plain View:  This chapter covers some cases regarding the plain view doctrine applied to searches.  

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Probable Cause in Child Pornography Cases:  This chapter discusses the various probable cause issues that arise in child pornography cases dealing with computers and the Internet. 

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Entrapment:  This is not actually a Fourth Amendment issue, but it is related to the emphasis on computer crimes stressed in this section.  This chapter is actually an eighteen page legal memo discussing the history of entrapment law in Florida and specifically how it applies to the investigation of Internet crimes against children. This chapter should grow considerably with time.  

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Workplace Searches:  This chapter covers 4th Amendment issues arising when a public or private employer searches an employees computers.  

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Searching and Seizing Computers and Obtaining Electronic in Criminal Investigations by the U.S. Department of Justice:  This is a very well-written summary of the federal law on searching and seizing computers and computer data.  It is almost two hundred pages long, but well worth reading.  The appendix contains several sample warrants and court orders etc... You can download the file in either Adobe Format or WordPerfect format.  If you don't use WordPerfect, Adobe will have to do.  It looks very good on the screen, but it does not print quite as well.  


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Stored Wire and Electronic Communications and Transactional Records Access (Electronic Communications Privacy Act)  18 U.S.C. 2701 - 2711:  This is the federal act that dictates the procedures necessary to obtain information from electronic service providers such as ISPs.  Please refer to this section prior to issuing warrants, court orders or subpoenas to Internet Service Providers.

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Electronic Communications and Privacy Act Flow Chart:  This is a flow chart I created to simplify the requirements of this federal code dictating the requirement for obtaining information from Internet Service Providers and similar entities.  For the full text, see the text of the code at 18 U.S.C. 2703.  Please note that the flow chart must be viewed in print layout view of Microsoft Word.

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Search and Seizure Forms:  This section contains various forms to assist law enforcement in searching and seizing computer data.  Sample search warrants, affidavits, computer-specific language and other similar information are included.  This section is password  protected and only available to law enforcement.  Please email me at with your name and agency and I'll send you a password.