The Fourth Amendment and Digital Devices – Does Your Criminal Lawyer in Alexandria, VA Understand Recent Search and Seizure Rulings?

Does your criminal lawyer in Alexandria, VA have the cutting-edge legal knowledge necessary to fully integrate the latest defensive arguments into a relevant defense strategy in your case?

On January 23, 2012, the U.S. Supreme Court issued one of the first decisions on the 4th Amendment implications of police using Global Positioning System (GPS) tracking devices as investigative tools in criminal investigations. The Court held in their U.S. v. Jones decision that the installation of a GPS device on a car while it is in public constitutes a search under the 4th Amendment.

Jack E. Call, Professor of Criminal Justice at Radford University, says the ruling clearly states police actions constitute a search whenever they intrude upon a reasonable expectation of privacy. Because this is a novel and fluctuating area of the law right now, it is likely to be the source of many additional judicial rulings. If you are involved in a suspect police search and seizure, act quickly to hire a Boone Beale criminal lawyer in Alexandria to capture critical details and evidence. The sooner you do, the sooner you can begin structuring a powerful defense in response to the case the Commonwealth’s prosecution will bring against you.

The Supreme Court, following prior case law review, established two new rules. First, the 4th Amendment “protects people, not places,” with a reasonable expectation of privacy. Second, the U.S. v. Jones ruling establishes the trespass rule, which states If the police install a GPS device in a constitutionally-protected area – on a person or on personal property – this will be deemed a search in the eyes of the law.

In similar emerging legal debates involving the treatment of new technology and information, the “search incident to arrest doctrine” allows police and other law enforcement agents to perform warrantless searches of arrested suspects, the area around them and any items found. Should that apply to a cell phone?

Does unwarranted search through other invasive tactics – examining your phone, mail, computer devices, medical records – fall under the scope of legal protection guaranteed under the Fourth Amendment? These are all potential sources of personal and private data that are certainly at risk from stealthy electronic intrusions and high-tech surveillance. The Fourth Amendment does protect us against unreasonable searches and seizures in cyberspace, far beyond the physical privacy of home. The U.S. Supreme Court ruled the Fourth Amendment affords a reasonable expectation of privacy for personal information and digital assets as well.

Call the Constitutional Law experts at Boone Beale, Attorneys at Law, to protect your Fourth Amendment rights. Trust our decades of experience and leverage our industry leadership as leading legal educators. When your case demands a criminal lawyer on the cutting-edge of high-tech legal issues and innovative legal defense arguments, look to the Boone Beale criminal lawyers in Alexandria, VA to deliver exceptional legal services.