09 Nov cyber crime
Please read the following piece authored by L.E. “Ted” Wilson posted in Forensic Focus (https:// forensicfocus.com): Law Enforcement Professionals Need to Evaluate Digital Forensics Practices Amid Looming Constitutional Showdown Regarding Digital Searches
A search warrant is a warrant issued by the competent authority authorizing a law enforcement officer to search a specified person, place, or vehicle for evidence of a crime without the owner’s consent. Typically, the “place” is a physical location such as home, a briefcase, or some other container that can be physically entered, with or without the assistance of a key or other facilitation to entry.
Digital evidence presents a challenge to law enforcement in that its “container” cannot be physically opened for inspection. Wilson discusses this current challenge in the context of requiring an individual to provide a password so that a legal search warrant may be executed. In your post this week, please address the following:
- Should suspects be compelled to provide a password pursuant to a search warrant so that digital evidence may be inspected? Why or why not?
- Do you feel that compelling a suspect to provide this information would violate his/her Fifth Amendment protection against self-incrimination?
https://www.forensicfocus.com/legal/law-enforcement-professionals-need-to-evaluate-digital-forensics-practices-amid-looming-constitutional-showdown-regarding-digital-searches/
