How to Learn About Search and Seizure as It Applies to Computers and Databases

Police officers engage in search and seizure operations, such as a traffic stop or home search, in order to find evidence to support civil or criminal charges. Every American citizen has protections against unlawful search and seizure under the Fourth Amendment, with officers requiring probable cause or a warrant to engage in these activities. Everyone should understand how search and seizure measures relate to their computers and databases as the issue of digital privacy is growing in importance.

Difficulty: Moderate

Instructions

1. Seek advice from a qualified attorney on how the search and seizure law applies to computers. Criminal lawyers and intellectual property experts can learn whether your case is strong in terms of current precedent. This advice can usually be found pro bono from a local law school or the American Bar Association (see Resources below).

2. Observe state law that applies to your particular case. Federal law and the Fourth Amendment provide for a reasonable expectation of privacy. Your state's Justice Department may have laws for repeat offenders who possess files that violate copyright laws, child pornography laws and other specific statutes.

3. Learn about your rights and protections against illegal search and seizure from the U.S. Department of Justice (see Resources below). This federal office provides a hotline as well as information on how the Fourth Amendment applies to a number of situations, including digital equipment.

4. Maintain a comprehensive list of activities you perform on your computers or databases. This list can include projects you create, interactions you have via instant messaging or emails, or other documentation that may be pertinent in protecting your privacy rights in court. It is important to create a document trail as it will protect you from wrongful conviction.

Tips & Warnings

• Understand the current precedent in determining privacy rights on computers and databases. State and federal courts have developed a "closed container principle" when it comes to any computing system or accessory. You can read the text of the law at the United States Department of Justice website (see Resources below). Police officers and investigators need to reach the same threshold of evidence about a computer as they would a closed container to perform a legal search.
• Realize that any effort to impede a legitimate investigation of your computer or database can lead to further legal problems. Even if a court finds that you do not possess illegal or inappropriate information, there is still a possibility of a conviction for obstruction of justice.