Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure

Thompson, Richard M., II

Library of Congress. Congressional Research Service.

关键词: Criminal justice;    Searches and seizures;    Technology;   

RP-ID  :  R44547
RP-ID  :  R44547_2016Sep08

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.