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10 Yale J.L. & Tech. 120 (2007-2008)
Digital Searches, General Warrants, and the Case for the Courts

handle is hein.journals/yjolt10 and id is 120 raw text is: DIGITAL SEARCHES, GENERAL WARRANTS, AND
THE CASE FOR THE COURTS
SAMANTHA TREPEL
10 YALE J. L. & TECH. 120 (2007)
ABSTRACT
Translating Fourth Amendment rules designed to regulate searches
and seizures of physical property into rules that regulate digital
investigations raises numerous questions. This Note seeks to address one
narrow subset of the issues digital evidence collection presents: the
execution of computer searches conducted pursuant to warrants, and the
threat of general searches-searches effectively unlimited in scope by the
warrant they raise. Both courts and academics have called attention to
this risk of general searches, and many have proposed solutions that seek
to preserve the Fourth Amendment's traditional balance between
individual privacy and government need. However, a single workable rule
remains elusive. While the proposed solutions do not provide answers in
every context, many of the rules do have merit in specific factual
situations. At least while digital technology continues to change at a
rapid pace, lower courts should be encouraged to develop a toolbox of
rules to address the problem. Reviewing courts should take the lead,
exploring the contours and boundaries of the problem and developing
diferent tools in various factual contexts through the process of common
law decision-making.

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