Page 61 - January 2020 IIssue new year

The Fourth Amendment Wthin the Criminal Justice System

tions of those mentioned Under the Black’s Law police regarding the war-
terms based on some legal Dictionary (12), Property rant against the beneficial

dictionaries (13) we see is “the right to possess, or renting person for ex-
that a huge debate will use, and enjoy a deter- ample?

arise concerning their minate thing; the right of Under the website diction-
consequences. I mention ownership, the institution ary.law.com (13) owner-
this because if we agree of private property is pro- ship is defined as the legal

on their definition, many tected from undue govern- title coupled with an ex-
of the law enforcement mental interference.” The clusive legal right to pos-

definition is explained session. Co-ownership,
over two pages which however, means that more
include tangible and than one person has a

intangible rights and legal interest in the same
here is the focus under thing.

our twenty-first cen- while “own” means to
tury with the advance- have legal title or right to
ments of technology- something. Mere posses-

intangible rights can sion is not ownership.
extend to things read Under United States v.

on a computer but not Jones 615 F. 3d 544. (15)
transferred in a hard Justice Sotomayor con-
copy as papers in the curring analysis extended

plain meaning of the the understood concept of
text. ownership to “Control”.

While ownership is: Going back to the exclu-
Photo Courtesy of google.com
searches and seizures “One who has the right sionary rule we see that
would be justified with- to possess, use and con- it has exceptions (18),

out a warrant or if so, the vey something” and here they include good faith,
warrant would not be ad- comes the nuance be- attenuation, exigent cir-

dressed to the right people tween owner, beneficial cumstances (27), indepen-
(14). owner and legal owner. dent source and inevitable
Would this mean that a discovery. In NY v. Harris

Here is the legal definition beneficiary or whom has (20) under the attenuation
of each word based on two the legal title should be exclusion it was admitted

different sources. also warranted or would that the fourth amendment
this be a waver for the was not violated since the

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