THE FOURTH AMENDMENT UNPLUGGED: ELECTRONIC EVIDENCE ISSUES & WIRELESS DEFENSES

Abstract

Well-established legal principles govern evidentiary issues arising from technology developments. In the United States, the Supreme Court and Courts of Appeals in every circuit draw from non-computer and non-wireless Fourth Amendment doctrine to address nascent electronic evidence issues. I agree that legal analyses drawing from historical treatment can be effective, but will argue in this Article that Internet access raises difficult legal issues to which standard Fourth Amendment analysis cannot be easily applied. Furthermore, the analyses will become more difficult with the introduction of wireless Internet access. As wireless Internet connectivity burgeons throughout the world, unsecure connections will likely become a haven for illegal activity. Courts should consider and investigate the unique issues presented by wireless Internet access in depth to avoid setting unwanted precedents when they are, inevitably, presented with a defendant whose wireless connection was used to commit a crime.