discussion question/ law
I need 100 words for each. I need clear concise and straight to the point.
1. In 2014 The Supreme Court decided Riley v. California (one of this week’s required readings).Authoring the decision, Justice Roberts wrote that a warrant requirement is “an important working part of our machinery of government” in explaining the court’s ruling that a warrant is required prior to a law enforcement search of a cell phone.The court also upheld the exigency exception to the warrant requirement.
In authoring a partial concurrence, Justice Alito agreed with the court’s protection of citizen privacy interests with regard to cell phones but expressed concern for the citizen still subject to a search of tangible personal effects in that citizen’s possession that could result in law enforcement’s discovery of the same type and volume of personal data as a cell search.
Did the Supreme Court act fairly in extending privacy protections to cell phones but not to other physical items (checkbooks, phone bills, printed photographs, etc.)? Why or why not?
2. n Chapter 10, Deibert describes Stuxnet and theorizes that “If we can undertake acts of sabotage without killing of physically harming people, this does seem to represent progress.” Compare this philosophy with law enforcement’s use of cell phone or electronic data to investigate individuals suspected of criminal wrongdoing. Is Riley too strict with regard to limitations on law enforcement’s ability to search? In light of the prevalence of cyber-criminal activity, should law enforcement be granted greater access? What remedies are available (already) to facilitate this access?
3. In this week’s article by Botelho, the author describes a suspect who was required to undergo an x-ray and two digital searches of his rectum in a suspected drug case. What constitutional arguments could be made in favor of this type of search? What constitutional arguments could be made against this type of search? Explain, citing course materials.
4. n Chapter 12, Deibert describes his experience at the 2012 RSA Conference and his experience encountering deep packet inspection tools. Find an example of such a tool, other than Narus, and explain what constitutional limitations may apply to its use.