Is your Computer data covered in the 4th amendment?

[stevef]

I just got done a whole semester on the constitution, and i was wondering if your computer data is covered under the forth amendment. it states:


Amendment IV


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.

 

[gopunk]

pretty sure it is

 

[Rogue]

Why would your computer and more specifically, the data on it not fall under "and effects" in that statement?

 

[yakko]

It should be but we shall see.

 

[badluck]

<< I just got done a whole semester on the constitution, and i was wondering if your computer data is covered under the forth amendment. it states: >>



S*it, you just got done with a whole semester on the constitution, you tell us.....

 

[DrizztDoUrden]

a whole semester??

people who study the US Consitution THEIR WHOLE LIVES still cannot totally agree on what it means.

 

[Kanalua]

According to the Supreme Court, yes! The police need to get a search warrant to access your computer data, especially if it is in/on your house/car/person. If it's say, just laying around on the street, the law is vague, and would depend on the precedant your lawyer tried to apply, most likely the "box" rule, requireing a search warrant. But the prosecutor could try to apply a different standard, and you maight have a dumb@ss lawyer. If it was at work, I'd say you're not going to get much 4th Am. protection.

 

[Russ]

The founding fathers could not possibly have anticipated the dramatic changes in technology when they wrote the 4th Amendment. It should not be construed to protect modern computers.

Russ, NCNE

 

[Kanalua]

Russ: the 4th amendment clearly protects "papers, and effects, against unreasonable searches and seizures." Electronic/digital data is what? Sounds like "papers and effects" to me. If it's in your home or car, or on you, it's protected. If it's on a street corner, then I think you're SOL...

 

[Russ]

<< Electronic/digital data is what? >>



Something that not only didn't exist at the time, but could not even be imagined.

Russ, NCNE

 

[Zenmervolt]

Russ, I really hope that you're not serious. The clear intent behind the 4th Amendment was (and is) to protect persons and their possessions against unwarranted search and seizure. I'm fairly certain that VHS tapes could not have been imagined by the founding fathers, does that mean that a VHS collection is subject to random searches without warrants? Simply because the founders could not have envisioned something does not disqualify it from protection under the 4th Amendment. This is arguably the most beautiful thing about the Constitution; that it is specific enough to include protections for our liberties yet worded in such a way that the principles from which it was born can be extended to situations that were beyond the wildest dreams of its writers.

ZV

 

[DrizztDoUrden]

<< The founding fathers could not possibly have anticipated the dramatic changes in technology when they wrote the 4th Amendment. >>




Oh but I bet you'll say that the Founding Fathers "could have anticipated the dramatic changes in technology" when
they wrote the 2nd Amendment right? Or is your arms collection soley made up of muskets? Hahaha