Court Engagement with a Regulatory Inspection That Permits the Viewing of Business Records in Electronic Format
Discuss legal issues concerning searches of digital devices:
a) What legal standards have been used by the courts to determine whether an illegal search has taken place?
b) What is the “third-party” doctrine?
c) Does a person have a privacy interest in the exterior of an envelope/its sealed contents? In the metadata/content of an Email? In GPS locational information sent by a cell phone to cell towers?
d) Do we need new standards for digital seizures in the 21stcentury?
What problems does the Carpenter decision now present?
Part 2: Paper about 6 pages APA format
Government officials may conduct administrative, or regulatory, inspections of business premises without a warrant and without probable cause as a basis for the inspection. Many businesses and professions increasingly rely upon electronic data instead of paper records. Analyze how the courts would deal with a regulatory inspection that permits the viewing of business records in electronic format?