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Computer Hackers Case Study
Hackers are people portrayed as super-criminals who have powers that enable them roam the internet searching for valuable information that is contained in an individual's or company's computer. The article is about a case of the United States v. Jarrett.in Jarrett the issue was if the prosecution was in apposition to use information that had been obtained by the search of private hackers of the defendant's personal computer. A computer hacker known as unknown user had hacked into steigner's computer and stumbled into evidence of child pornography. He went ahead to send emails containing the images and Steiger's personal information to the Alabama police department. Steiner was later arrested and he was convicted and sentenced to 171/2 years in prison. Unknown user was not to be prosecuted for hacking since he was a foreigner and thus was not subject to the laws in the U.S. He later gave out information about another suspect of child pornography Jarrett and was still assured that he would not be a target of law enforcement for his activities of hacking. He spoke freely of how he was...
When the court was analyzing the issue of suppression it looked at whether there was an agency of relationship that existed between the hacker and government and went ahead to apply a traditional two part agency relationship test to a problem that was ultra-modern in order for them to achieve a result that was flawed. Instead of requiring the government actively acquiesce in the search for the establishment of the agency of the relationship, the court ought to have looked to see whether there was passive acquiescence. This is what such a strict standard is required so as to protect an individual's fourth amendment rights against seizures and unreasonable searches in situations that deal with hackers that…
Reference
Munoz, A. (2003).UNITED STATES v.JARRETT. Retrieved August 10, 2013 from http://www.nyls.edu/user_files/1/3/4/17/49/v49n1p411-423.pdf
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that
Warrants for Digital DataA search warrant is a legal document issued by a judge or a magistrate, giving law enforcement officials the authority to search a particular property or area for specific evidence related to a crime (Kerr, 2005). Its primary purpose is to balance the individual's right to privacy and the state's need to conduct investigations to enforce the law. The legal threshold for obtaining a search warrant includes
Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime. According to LaFave (2004), the only issue in such a case is
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the United States provides protection from illegal search and seizures through the fourth amendment. The fourth amendment is written in such a way that it can be vague when it