Electronic Information in Criminal Proceedings: 4th & 5th Amendment Implications
Created on March 22, 2021
New technologies such as smartphones and GPS, among clothes, have changed the way law enforcement investigates, and the kinds of electronic evidence that is introduced in criminal proceedings. These new technologies have clear implications for criminal law practitioners' understanding of the 4th and 5th Amendment. The 2018 SCOTUS decision in US v Carpenter was a major shift in understanding the scope of the 4th Amendment search and seizure doctrine in the digital age - but how much has really changed?
This program, taught by Ron Hedges of Dentons LLP and Judge Tracie A. Todd, will identify how new technologies are used by law enforcement, review the scope of the 4th and 5th Amendment doctrine as it relates to new kinds of electronic information, and guide criminal practitioners in their use of electronic information in criminal investigations and proceedings.
- Review how Carpenter has, and has not, changed reasonable expectations of privacy
- Analyze the viability of the third-party doctrine post-Carpenter
- Apply the Fourth Amendment and 5th Amendment to evidence derived from new technologies and electronic devices
- Identify when compelled disclosure of passwords may violate the Fifth Amendment
- Discuss whether the Fifth Amendment may bar the compelled disclosure of biometric identifiers
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