We’ve been looking in our last couple posts at the issue of government surveillance, and particularly at the concerns that are being raised about potential expansion of surveillance under President Trump given his selections for Attorney General and CIA director.
The concern, for many, is that the war on terror will continue to serve, as it has in the past, as a justification for encroaching on the privacy interests of Americans. Privacy rights are not absolute, of course, but the Fourth Amendment was established in order to ensure that citizens are not subjected to unreasonable searches and seizures. Expansion of surveillance is bound to raise the discussion of privacy, as it should, if not Fourth Amendment issues.
Fourth Amendment issues are always important to explore in any criminal investigation, but especially in criminal investigations involving evidence stored on computers, Internet networks and mobile devices. Technology is changing rapidly, of course, and law enforcement has to continually adapt in order to respond to these changes.
The risk of government overreach in the area of searches and seizures is ever-present, and criminal defendants should be aware of this and work with an experienced attorney who will ensure that their rights are zealously advocated in court. In cases where privacy rights are infringed, certain remedies are available that can help to mitigate constitutional violations.
Taking advantage of these protections requires working with an advocate who has a firm grasp of the law and who knows how to navigate the legal process, including how to preserve legal issues on record for later appeal. Our firm can provide that kind of advocacy for criminal defendants and ensure that they have the best possible representation.