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Article: Why the plain view doctrine should not apply to digital evidence.
- Article from:
- Suffolk Journal of Trial & Appellate Advocacy
- Article date:
- January 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 Suffolk University Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
I.INTRODUCTION
II. THE PECULIAR NATURE OF DIGITAL PROPERTY
III. OBTAINING A WARRANT FOR DIGITAL PROPERTY
A. Probable Cause
B. Particularity Particularly
IV. THE DOCTRINE'S EFFECT ON EXECUTION OF DIGITAL WARRANTS
A. Generally
B. The Tenth Circuit's Avoidance of the Plain View Doctrine
C. Illusory Limits to the Plain View Doctrine
1. File Labeling and File Types
2. Deleted Files
3. On-site Search, Mirroring, or Seizure
4. Time Limits
D. Limited Protection Against the Plain View Doctrine
1. ...