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King Case Study Individual Paper

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Submitted By nyactress87
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U.S. v. King Case Study
Elise Flanagan
BCC 402
Bobby Kemp
14 March 2016

Introduction
The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided.
The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment.
Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights.
Application to This Case
The 4th and 5th Amendments were addressed in the case of the United States of America v. Richard D. King, Jr., as with many involving an attempt to claim the defendant’s 4th and 5th Amendment rights have been infringed upon by the law enforcement investigation. In the provided case, King tried to do just that in front of the 2009 Third Judicial Circuit. His main argument began with the assertion that his 4th and 5th

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