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Searches and Seizures; How They Influence Technological Privacy and Criminal Investigations
Jennifer Juarez
Abstract
I explore how technology affects the way how investigators gather evidence and the
situations they encounter. This also includes real events that have occurred within the past 10
years, as well as discussing laws, rules, and court cases that influence how law enforcement
conduct searches and seizures. I also include my insights and moments that occurred in class and
Searches and Seizures; How They Influence Technological Privacy and Criminal Investigations
The right of the people to be secure in their persons, houses, papers, and
and no warrants shall issue, but upon probable cause, supported by oath or
Citizens of the United States always have the possibilities of where and when law
enforcement is allowed to administer a search is part of the subject called Criminal Procedure.
Emphasizing how procedures were conducted and the guardianship the courts may have
sustained, mainly analyzing how law enforcement is performing. Though there isnt a
substantive right, meaning right to have the police not search you or your home. (Crash
Course) However, its the fourth amendment thats been the hot topic as of late, technological
advancements that are so innovative and contemporary, its difficult for law enforcement to keep
up. Then theres the grey areas that come up during certain cases, trying to maintain American
citizens constitutional right, but also under fire for overstepping boundaries, arguably. Theres
still a fine line that police still have to be careful about because of this, otherwise, they end up in
the news and become victims of public opinion. In class, we even talked about how law
enforcement cant just start searching someone without a warrant and the specifics of where
they're looking. As well as talking about whats permissible in the court with exceptions to
warrants and evidence, like the exclusionary rule and the plain view doctrine. These examples
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clearly point out what officers struggle within a digitalized and technological world and my
We talked about how computer hackers or offenders will sometimes install a program
when it comes to their personal devices and having contingency plans in getting rid of the
evidence. We also talked about how when it comes to obtaining technological or electronic
evidence, the investigators, CSI team, and computer forensics have to be increasingly careful
when transporting and extracting the information for evidence. Then there are still court cases
like United States v Comprehensive Drug Testing Inc, 2009; making evidence admissible if it
falls in plain view doctrine, but must fit certain requirements. Then theres United States v
Williams, 2010; declaring that computer searches ought to involve observing each file on the
device, meeting plain view exception. But then theres the Wiretap Act, which guards groups to
an oral, wire, or electronic intelligence from their conversation being hijacked by a group from
the conversation.
September 2012, Christian Aguilar was a freshman at the University of Florida when he
suddenly disappeared. The last time Christian was seen was with his friend Pedro Bravo at a
town Best Buy. (Burch, 2014) Christians corpse was located over 60 miles west in a hollow
mound. Investigators found there was reasonable suspicion towards Pedro, because of prior
claims made about Pedro having some personal problems with Aguilar and an ex-girlfriend of
Bravos. Investigators were able to find a screenshot, correlating with the time of Aguilars
examiners were also able to find out the duration of time utilized of a flashlight application
during the time of Aguilars disappearance. With all the evidence collected Bravo would be
taken to trial in August of 2014, to later be condemned for first-degree murder. Which I think its
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great, mainly because justice was served and punishment was given to the offender. But this is
just one of the few, easier examples that law enforcement has seen.
Unfortunately, 26 souls were taken from this world by a man who just decided to shoot at people
on the sacred day of the week. The suspect was located in his car couple miles away from the
church. Law enforcement described him as a young, white male. Later to be recognized as 26-
year-old Devin Patrick Kelley. It was revealed by BBC that Kelly was dismissed by the US Air
Force. His purpose for the shooting is obscure. Two days later, once the Federal Bureau of
Investigation (FBI) got involved, an Apple brand phone was discovered to be the Kelly's.
Usually, Apple is known to uphold their privacy policies, yet so much so that this situation isnt
the first of its kind. A year prior, the Supreme Court had a case with, again, the FBI for the non-
cooperation during the San Bernardino shooters investigation, as their phones were to have been
discovered to have been Apple phones. FBI special agent, Christopher Combs, had the suspects
phone transferred to Quantico, Virginia to break the encryption has been placed on the Apple
phone. At that time, to no avail. Then on November 9th, news broke out that Apple decided to
extend an olive branch to the FBI in regards to cooperation in the investigation. Apple should
have cooperated, however, if the company really wanted to keep the bad publicity out of their
hair, they could have asked for a warrant, showing that they still have rights to situations like
these. Yet, if they were truly concerned about the effects of sales as information was released, I
do believe that the FBI could have complied and kept the data vague but available to the public,
just not enough to hinder Apples business. I do have a prediction that if one more criminal act
comes out again in the future and Apple favors privacy policies instead of complete
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participation, their sales will go down. I just hope theyre willing to service law enforcement
when it comes to criminal acts, not for their sales and public image, but to just do the right thing.
November 29, 2017, an Arkansas man, James Bates, was charged with first-degree
murder. No one would have known about it if it wasnt for his new Amazon Echo, a wireless
speaker that includes features such as; a calendar, weather information and updates, an
alarm/timer, music player from Spotify and Amazon Prime music inventory, and its connected
to Uber when one is in need of a ride. As of late, Amazon has been on the news a lot lately for
their speakers being connected to the CIA and their intel, to secretly calling local; police when
the speaker, when utilizing the automatic response word Alexa, will recognize certain words
and process whether or the speaker calls 911. That same Wednesday, the judge granted the
request of discarded the Amazon speaker as evidence, National Public Radio reports, The
prosecutors declared nolle prosequi, stating that the evidence could support more than one
reasonable explanation. Amazon originally refused to share the information and data with law
enforcement. Or at least, they would refuse until a warrant was issued. James pronounced his
cooperation with law enforcement, also letting Amazon know that he would not mind the
information being utilized during the investigation. Personally, I think Amazon should have
released that information, despite their value in clients privacy. Yet, its understandable theyre
wanting to exercise their constitutional right as well, where checks and balances make sure
anarchy or lawful regimes do not rise and take over. At least, thats what Americas founding
forefathers were wanting to assure the American public. Clearly inserting the fourth amendment
as a contingency plan for people to rely on, so the values the forefather began with, may continue
Obviously, searches and seizures just doesnt stop at cell phones or speakers, it can go as
far as the internet, computers, and other portable electronics like iPads, DVD players, television,
etc. According to a National Institute of Justice report, they released in 2015, ...The number of
wireless subscriptions currently exceeds the total population (336 million subscriptions to 313
million population)... They recognize that the amount of technology that is being produced is
significantly more than the American population, and understand that law enforcement really
needs to formulate modernized policies to keep up with the technology. The report declares that
modernized policies may be proficient so long as everyone in prosecutions and the courts, to
conclude the legal qualifications concerning admissibility and chain of custody. National
may also be carried out in the context of arrest, when necessary to protect law
Dont get me wrong, I enjoy my privacy, and my right to exercise my constitutional rights. I
could keep going on with other acts, court cases, and laws that aid law enforcement in their job
in finding criminals to be taken to trial, later on, Theres just so many examples, that admittedly,
this was a big topic to take on. I still do believe its important to try to keep myself updated on
these laws and rules just to help investigators with their job a bit and reduce some paperwork for
them. Clearly, these instances wont be the last time that will make the news or the courts.
Technology will keep advancing, but I do believe law enforcement is doing an amazing job at
Works Cited
BBC News. (2017, November 06). Sutherland Springs: Texas church shooting leaves 26 dead.
Bedi, M. (2016). THE CURIOUS CASE OF CELL PHONE LOCATION DATA: FOURTH
507-524.
Dwyer, C. (2017, November 29). Arkansas Prosecutors Drop Murder Case That Hinged On
https://www.npr.org/sections/thetwo-way/2017/11/29/567305812/arkansas-prosecutors-drop-
murder-case-that-hinged-on-evidence-from-amazon-echo
Fox-Brewster, T. (2017, November 10). FBI 'Ignores' Apple Olive Branch To Get Data From
https://www.forbes.com/sites/thomasbrewster/2017/11/09/apple-fbi-round-two-over-texas-
killer-iphone/#43deac7a1de2
Goodison, S. E., Davis, R. C., & Jackson, B. A. (2015). Digital Evidence and the U.S. Criminal
Justice System: Identifying Technology and Other Needs to More Effectively Acquire and
Utilize Digital Evidence (pp. 1-32, Rep. No. 1). RAND Corporation.
Lecher, C. (2017, November 07). The FBI says it can't access the Texas church shooter's
https://www.theverge.com/2017/11/7/16618992/fbi-texas-church-shooting-encryption
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Track Criminal Suspects Using Their Cell Phones. Arizona State Law Journal,
43(2), 591-628.
Smith, D. (2016, October 05). I've owned an Amazon Echo for nearly a year now - here are my 19
http://www.businessinsider.com/amazon-echo-features-2016-10/#alexa-what-time-is-it-1