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Criminal Justice System Essay

Criminal Justice System Discuss the means by which police gain access to a suspect's records of cell phone numbers called and received. How do police deal with text messages and emails? Obviously, criminals are using cell phones, text messages, and emails to plan and commit crimes. How does the Fourth Amendment apply to these types of technologies? In what do suspects have a reasonable expectation of privacy?

The way that police are able to gain access to cell phone records is through a warrant. This gives law enforcement the power to listen, monitor and review the activities of the suspect. Text messages and emails will fall under similar guidelines based on the fact that they are considered to be personal communication. (Samaha, 2011)

The way that the Fourth Amendment is applicable is through limiting unreasonable searches and seizures. This means that several different guidelines are used to include:

Was the action considered to be search or seizure?

If so, were the activities considered to be reasonable?

Suspects have an expectation to privacy when they are discussing activities that may not concern law enforcement (such as conversations with a girlfriend or boyfriend). If the individual is involved as a part of the criminal plot is when the police have the right to listen to the conversation. However, this is somewhat of gray area in determining how privacy standards should be applied. As a result, law enforcement has to weigh the right to privacy and enforcing the law when conducting any kind of electronic surveillance. (Samaha, 2011)
Discuss the use of anonymous tips to establish reasonable suspicion. What are the dangers involved in using such tips? What are the dangers involved in not using them? Should it matter to the police what kind of crime (how serious it is, how difficult it might be to solve) the…

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Samaha, J. (2011). Criminal Procedures. Boston, MA: Cengage.
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