The Volokh Conspiracy » Digital Searches and the Original Meaning of the Right to be Secure in One’s “Papers”

University of San Diego law professor Donald A. Dripps has an important new article in the Journal of Criminal Law and Criminology: “Dearest Property”: Digital Evidence and the History of Private “Papers” as Special Objects of Search and Seizure 103 J. Crim. L. & Criminology 49 2013.  H/T Mike Ramsey at The Originalism Blog.  In it, he presents a powerful case that the seizure of private papers by government authorities for later perusal was considered a distinct and equal injustice as that of issuing general nonparticularized warrants.  As such, one’s papers merited much greater protections from seizures that one’s “effects” or personal property.  Indeed the “seizure” of one’s papers for later perusal to find incriminating information therein had the hallmarks of the evils of general warrants.  He then connects this historical analysis with contemporary debates over the seizure of digital information.  Here is a bit from the Introduction:

via The Volokh Conspiracy » Digital Searches and the Original Meaning of the Right to be Secure in One’s “Papers”.

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