Topic 4 DQ 2
The police can ask your roommate/guest/spouse/partner for access to your computer if they do not have a warrant. How can this be possible considering the Constitution and the Fourth Amendment? Support your rationale based on case law.
Topic 4 DQ 2
In case of emergencies, I would like to mention that there are few exceptions, where the police might get the eligibility to enter the home, devoid of a search warrant. Therefore, the implementation of the Fourth Amendment of the United States Constitution takes up the initiative, that it does not protect one’s home computer, as it can be checked by the police if an individual is suspected to be guilty (Kerr 2018). Therefore, police have the priority even to ask to access the computer if they do not have a warrant, as the Fourth Amendment of the Constitution gives priority to it. Therefore, if an individual gets arrested, then the police shall make a search, limited to the phone, under certain circumstances. As compared to this, as stated by Cloud (2019), the Constitutional Fourth Amendment is regarded as a part of the Bill of Rights, which actually prohibits unreasonable searches and seizures. As this Amendment acts as a protection to the common people, based on unreasonable searches and seizures done by the government. Followed with this, there are possibilities of the police or the materials to make a search without a warrant, in case of emergencies, under the Fourth Amendment of the United States Constitution, because, this Amendment does not guarantee against all searches and seizures, but are only applicable to those who are deemed with unreasonable cause under law.
References
Cloud, M. (2019). The Fourth Amendment as a Device for Protecting the Guilty. Tex. Tech L. Rev., 52, 91.
Kerr, O. S. (2018). Cross-enforcement of the fourth amendment. Harv. L. Rev., 132, 471.
