Why the plain view doctrine should not apply to digital evidence. Suffolk Journal of Trial & Appellate Advocacy | January 1, 2007| | COPYRIGHT 2007 Suffolk University Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright

 
TABLE OF CONTENTS 
 
I.    INTRODUCTION 
II.   THE PECULIAR NATURE OF DIGITAL PROPERTY 
III.  OBTAINING A WARRANT FOR DIGITAL PROPERTY 
      A.     Probable Cause 
      B.     Particularity Particularly 
IV.   THE DOCTRINE'S EFFECT ON EXECUTION OF DIGITAL WARRANTS 
      A.     Generally 
      B.     The Tenth Circuit's Avoidance of the Plain View Doctrine 
      C.     Illusory Limits to the Plain View Doctrine 
             1.       File Labeling and File Types 
             2.       Deleted Files 
             3.       On-site Search, Mirroring, or Seizure 
             4.       ...

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