The Application of Fourth and Fifth Amendment: Criminal Evidence (1480 words)

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A forensic unit within a federal crime lab has been tasked with the investigation of an individual who is suspected of the manufacturing, transportation, and sale of illegal fireworks explosives. Upon responding to a fire at the suspect’s house, firefighters discover 2.5 tons of explosives, and therefore, put out the fire from a distance. When investigators arrive on the scene, several networked computers, PDAs, cell phones, and laptops are found in an upstairs office. As junior investigators, they are unsure of how the fourth and fifth amendments will affect their investigation, search warrants, and the ultimate seizure of these devices. In addition, they are unsure of the standard operating procedures for processing computer evidence within the first and fourth amendment’s governance, so AB Investigative Services (ABIS) has been contracted to provide guidance in these areas.

Please describe:
The forensics procedures to collect, and process forensic evidence from these devices while following the fourth and fifth amendment guidelines

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The Application of Fourth and Fifth Amendment in Collection and Analysis of Criminal Evidence: A Case Study

The United States of America uses homogeneous procedures during the collection and analysis of criminal evidence. According to Casey (2011), the guidelines ensure that the evidence collected is empirically admissible in case proceedings and increases the degree of veracity verifications. The exclusionary rule, which derives its policies from the Fourth Amendments, dictates the necessary measures in evidence appraisal. Similarly, the law dictates that any evidence collected by the violation of defendant’s constitutional rights is not, in any circumstance, admissible for court proceedings. The core objective of the rule is to guarantee that the investigators do not compel the defendant to implicate him or herself. The clause is also line with the prophylactic rule endorsed by the judiciary, which demands that all the personnel involved in the pursuit of justice must also observe the requirements of the constitution. The purpose of this paper is to discuss the applicability of the Fourth and Fifth Amendments in collection and analysis of evidence in modern criminal case investigations. In a case concept, the author examines all the procedures and requirements of the officers to ensure evidence objectivity and admissibility while protecting the rights of the defendant.

Keywords: Evidence, Fourth Amendment, Fifth Amendment, Crime Scene, Seizure,
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