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The Champion

July 2016 , Page 36 

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Cybercrime and the Fourth Amendment

By Marcia G. Shein

Cybercrime has become a major problem in the electronic age. Crimes ranging from fraud, to internet hacking, to identity theft, to possession, solicitation and distribution of child pornography and beyond are being committed on the internet. The prevalence of the internet in current crimes makes the use of cellphones, tablets, and computers the focus of new Fourth Amendment law developments. The law is evolving to deal with products used to commit cybercrimes. Many of the existing Fourth Amendment doctrines such as plain view, inevitable discovery, and exigent circumstances have special applications in these sorts of cases. A review of the development in the law related to cybercrime and the use of various products to commit such offenses is discussed here along with strategies to suppress illegally seized and used information from cyber-use products. This article outlines some of the details and considerations a practitioner should keep in mind when involved in Fourth Ame

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