Journal•ISSN: 0026-6280
Mississippi Law Journal
University of Mississippi School of Law
About: Mississippi Law Journal is an academic journal. The journal publishes majorly in the area(s): Rule of law & Economic Justice. It has an ISSN identifier of 0026-6280. Over the lifetime, 41 publications have been published receiving 183 citations.
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TL;DR: Stephen C. O'Connell as mentioned in this paper was the first speaker at the Technology and the Fourth Amendment Symposium in April 2002, where he discussed the importance of the fourth amendment in the law.
Abstract: 1. Stephen C. O'Connell Professor of Law, University of Florida Fredric G. Levin College of Law. The author would like to thank Tom Clancy and the National Center for Justice and the Rule of Law, University of Mississippi Lamar Law Center, for the generous support of this project and the invitation to speak at the Technology and the Fourth Amendment Symposium in April, 2002. I also thank David Fontana, Lyrissa Lidsky, Scott Sundby, and Andrew Taslitz for their comments, and David Benjamin and Ryan Cobbs for their research assistance.
62 citations
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TL;DR: A series of proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure to update the warrant process for the era of digital evidence was proposed in this paper. But the proposed amendments were not addressed in this article.
Abstract: This Article contends that the legal rules regulating the search warrant process must be revised in light of the demands of digital evidence collection. Existing rules are premised on the one-step process of traditional searches and seizures: the police obtain a warrant to enter the place to be searched and retrieve the property named in the warrant. Computer technologies tend to bifurcate the process into two steps: the police first execute a physical search to seize computer hardware, and then later execute a second electronic search to obtain the data from the seized computer storage device. The failure of the law to account for the two-stage process of computer searches and seizures has caused a great deal of doctrinal confusion, making it difficult for the law to regulate the warrant process effectively. The Article concludes by offering a series of proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure to update the warrant process for the era of digital evidence. A s s o c i a t e P r o f e s s o r , G e o r g e W a s h i n g t o n U n i v e r s i t y L a w S c h o o l . T h i s p a p e r w a s c o m m i s s i o n e d a n d u n d e r w r i t t e n b y f u n d s f r o m t h e N a t i o n a l C e n t e r f o r J u s t i c e a n d t h e R u l e o f L a w a t t h e U n i v e r s i t y o f M i s s i s s i p p i S c h o o l o f L a w ( N a t i o n a l C e n t e r ) , w h i c h i s s u p p o r t e d b y a g r a n t f r o m t h e O f f i c e o f J u s t i c e P r o g r a m s a t t h e U n i t e d S t a t e s D e p a r t m e n t o f J u s t i c e ( 2 0 0 0 D D V X 0 0 3 2 ) . T h a n k s t o T o m C l a n c y , S u s a n B r e n n e r , a n d C h r i s t o p h e r S l o b o g i n f o r c o m m e n t s o n a n e a r l i e r d r a f t . F I L E : C : \ K E R R . D T P D e c 1 2 / 1 3 / 0 5 T u e
9 citations
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TL;DR: The National Center for Justice and the Rule of Law at the University of Mississippi School of Law was supported by a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance as mentioned in this paper.
Abstract: work was underwritten by the National Center for Justice and the Rule of Law at the University of Mississippi School of Law, which is supported by a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. I thank my friends and colleagues, John Douglass and Corinna Lain, for their comments on an earlier draft, and for enduring my endless ruminations on this topic.
9 citations