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The Constitutionality of Warrantless Cell Phone Searches: Incident to ArrestBrown, Kylie 01 December 2014 (has links)
As technology has developed, Americans have come to carry their most private information around with them in their pockets in digital form on their cell phones. A cell phone has immense storage capacity and can contain a wide variety of communicative information about its owner. In the past, there had been a disagreement among the lower courts as to whether police officers could search the contents of an arrestee's cell phone when making an arrest. The United States Supreme Court settled this disagreement in Riley v. California; in that case, the Court held that the warrantless search of a cell phone incident to arrest violated the Fourth Amendment to the United States Constitution. This thesis discusses case law that preceded the United States Supreme Court case Riley v. California, that decision, and possible ramifications of that decision.
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Impact of Cleint Record Keeping on the Legal Profession in South AfricaFrans, Cameron Benjamin January 2017 (has links)
Magister Legum - LLM (Criminal Justice and Procedure) / The combating of money laundering has become crucial since it has escalated from a
domestic to an international problem and vice versa. South Africa, in an attempt to combat
money laundering has enacted anti-money laundering (AML) and anti-terrorism legislation.
The legislation consists of the Prevention of Organised Crime Act 121 of 1998 (POCA); the
Financial Intelligence Centre Act 38 of 2001 (FICA); and the Protection of Constitutional
Democracy against Terrorist and Related Activities Act 33 of 2004 (POCDATARA). In
essence POCA and POCDATARA criminalise money laundering and terrorist financing.
FICA requires certain professions, such as the legal profession to maintain specific controls.
Such controls include AML measures, combating the financing of terrorism (CFT) and also
require the keeping of confidential client records, the filing of suspicious transaction reports
(STR's) and certain cash transaction reports (CTR's).
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FISA and warrantless wire-tapping: Does FISA conform to Fourth Amendment standards?Meyer, Aric 05 1900 (has links)
Electronic surveillance for foreign intelligence purposes was largely unregulated prior to 1978. The Foreign Intelligence Surveillance Act of 1978 (hereinafter "FISA") was enacted to implement a judicial authorization process for foreign intelligence electronic surveillance that would effectively balance competing needs for national security and civil liberty under the Fourth Amendment. This study examines the evolution of FISA and its effectiveness under the Fourth Amendment, as assessed by federal reviewing courts and scholars since the statute's enactment. The study concludes that the FISA electronic surveillance authorization process has been effective in providing a constitutional mechanism to obtain foreign intelligence information.
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