Cybercrime Case Study Paper

The Fourth Amendment can be applied to the Internet, computer, and cybercrimes, but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data. If the data is content, which means any kind of communications such as email, or any remotely stored files on a computer system, then the information is protected by the Fourth Amendment. However, if the data is non-content information, such as IP address and email addresses then those are not guaranteed to be protected by the Fourth Amendment. In 2012, a federal judge ruled that the computer of an individual is not protected by the rights granted under the Fifth Amendment. Many times cybercriminals will …show more content…

Larking was indicted in February 2004, and King was first indicted in April 2004 he immediately surrendered to authorities. A second indictment was filed against King in April 2005 charging him "for sending and causing the receipt of child pornographic images through interstate commerce and conspiracy to destroy evidence and obstruct an official proceeding." (University of Phoenix, 2009). King entered a plea of not guilty and attempted to suppress all evidence that was obtained when Larkin was arrested. King claimed that the manner in which the evidence was gathered was a violation of his Fourth and Fifth Amendment rights. King argued that when Larkin was arrested in February 2004, the authorities has served a warrant, however King claimed that this entry into his home and the seizure of Larkin's computer for evidentiary purposes violated his Fourth Amendment rights. The other thing that King argued was that his Fifth Amendment rights were violated in March 2004 when he spoke to Agent Kyle, King claimed that his rights under Miranda v. Arizona were violated when that interrogation took place. The court's denied both of King's motions saying that officers had a warrant and probable cause to believe that Larkin was in the home, therefore King's Fourth Amendment rights had not been violated. The seizure of the computer