Open Always
Email: support@globalcompose.com Call Now! +1-315 515-4588
Open Always
Email: support@globalcompose.com Call Now! +1-315 515-4588

Sample Essay on Court Case on Digital Data

This sample paper on (Sample Essay on Court Case on Digital Data) was uploaded by one our contributors and does not necessarily reflect how our professionals write our papers. If you would like this paper removed from our website, please contact us our Contact Us Page.

A Database of over Million Scholarly Resources. Start your Search Now

Sample Essay on Court Case on Digital Data
Facts about the case

The case is about an individual Riley and Wurie who were arrested by the police. Riley apparently had violated a traffic rule and was subsequently noticed by the police who arrested him and impounded the vehicle. Upon scrutiny of the relevant documents that an individual should possess while driving, it was discovered that his license was not valid and that it had already been suspended. During this process the police took away a phone belonging to Riley from his pocket that revealed that him (Riley) was connected to a street criminal gang and that he was involved in a recent shooting. What followed was prosecution of Riley on grounds of attempted murder. Riley made an effort to overturn the evidence derived from his phone but he was unsuccessful at first attempt.

Wurie; found selling drugs from a car. Upon arrest and confiscation of the phone which revealed a party to the crime. When a search was conducted in the house location retrieved from the phone; drugs, weapons and ammunitions were found by the police. Wurie was charged for these offences. Just like Riley, Wurie also moved to overturn the decision of using evidence from the phone and again this was unsuccessful.

 

History of the case

The original idea of police searching a suspected and the surrounding area was coined in 1969 when the court ruled that it was a duty of the police to search a suspect to avoid confiscation of evidence that would otherwise be used in a court and also to prevent harm to the police as the suspect may use weapons at his/her disposal.

The other appellate courts argued that there was dispute as they pointed out that before doing such a search to a search warrant must be obtained. It was also complex on how to handle the two different scenarios of handling the two generations of phones.  The Appellate courts initially ruled that cell phones just like other physical possessions should be searched without a search warrant since their contents in form of data could be used as evidence in the court. They went on to say that there was a negligible amount of privacy compared to the large magnitude of evidence they were holding. The initial attempts by the suspects to overthrow the use of digital content in a phone was unsuccessful, the initial argument was later reversed by the court of appeal.

Issues and Decisions on the case

There were several issues that were raised in the case.  The questions that were raised included whether searching a suspect could prevent harm to the officers and destroy evidence, whether a third party could wipe out data from the cell phone to destroy evidence. The argument here was that a search had to be conducted to a suspect as this would help to disarm a suspect not to endanger the life of a police and also to prevent a suspect from destroying valuable evidence. But if in some cases the suspect had not showed an attempt to threaten and endanger the life of a police then such kind of search was inappropriate. There was also a matter of justification for the police to conduct a search when he/she was suspecting that the suspect might destroy or harm an officer. The third issue was the limitation of the search area as there are instance that makes it difficult for officers to search other areas that are not legitimately concerning the suspect (third party). This posed a question as to how a search could be conducted to other areas. This was discussed and argued that a search was only relevant to those specific areas that were genuinely accessible to the suspect.

Reasons for the decisions

Considering specifically to the case, the Judges decided that data contained in a cell phone did not comprise a search incident and that in such a case a search warrant should be obtained. Based on their argument the decision established that the search of digital data in a cellphone is not valid to meet the interest of the government as a way of protecting the life of a police officer and preservation of evidence to be used in the court. The court argued and established that searching a suspect’s phone was a gross violation of individual privacy.

The court decided on the issue as follows; as to whether a suspect could harm the officers, the court decided that in such a position of arrest the suspect could not harm the lives of the officers as the cell phones had and other weapons had already been seized. This to them could not lead to a suspect destroying evidence present in the phone. As to whether third parties could remotely wipe out data from cell phones, the court decided that third parties were not a part of the search and that authorities should come up with ways of protecting digital data in their custody. The court also observed that the degree of privacy violation of the suspect was big through exposure of private data and could not be compared to the simple pocket search.

Opinions

This was nearly-unanimous concurring decision; a warrant was required to search a cell phone. The court recognized threats that could be posed when an individual privacy is invaded through digital data search. This was explained that when an individual’s digital data is accessed it exposes even an individual’s private life and it is more invasive than searching a pocket or a residence. Their opinion of Justice John Roberts was that data wiping from a third party could make no difference either for a warrantless search. He went on to add that cell phones were quite complex both in the quantitative and qualitative data that they could hold. The other judge also concurred with the decision by observing that the current cell phones had the capability of storing and holding data that was more than that present in the hard copy and that new laws needed to be formulate to distinct on issues of using digital data in court.

 

Sharing is: CARING

Are you looking for homework writing help? Click on Order Now button below to Submit your assignment details.

Homework Writing Help
We Can Help you with this Assignment right now!
Sample Essay on Court Case on Digital Data

Are you looking for homework writing help on (Sample Essay on Court Case on Digital Data)?Well, you can either use the sample paper provided to write your paper or you could contact us today for an original paper. If you are looking for an assignment to submit, then click on ORDER NOW button or contact us today. Our Professional Writers will be glad to write your paper from scratch.

We ensure that assignment instructions are followed, the paper is written from scratch. If you are not satisfied by our service, you can either request for refund or unlimited revisions for your order at absolutely no extra pay. Once the writer has completed your paper, the editors check your paper for any grammar/formatting/plagiarism mistakes, then the final paper is sent to your email.

Privacy| Confidentiality

Sample Essay on Court Case on Digital Data

We do not share your personal information with any company or person. We have also ensured that the ordering process is secure; you can check the security feature in the browser. For confidentiality purposes, all papers are sent to your personal email. If you have any questions, contact us any time via email, live chat or our phone number.

Our Clients Testimonials

  • I appreciate help on the assignment. It was hard for me but am good to go now

    Impact of pollution on Environment
  • Am happy now having completed the very difficult assignment

    Creative Message Strategies
  • Your writer did a fine job on the revisions. The paper is now ok

    Ethics: Theory and Practice
  • The paper was so involving but am happy it is done. Will reach you with more assignments

    Title: Privatization in or of America
  • I expected perfection in terms of grammar and I am happy. Lecturer is always on our head but was pleased with my paper. Once again, thanks a lot

    Title: Bundaberg Inquiry
  • The paper looks perfect now, thank to the writer

    Health Care Systems
  • You helped me complete several other tasks as you handled paper. wonna thank you

    Critique Paper on Political Change

Related Articles

Sample Essay on Court Case on Digital Data

Get more from us…

Would you like this sample paper to be sent to your email or would you like to receive weekly articles on how to write your assignments? You can simply send us your request on how to write your paper and we will email you a free guide within 24-36 hours. Kindly subscribe below!

Email Address: support@globalcompose.com