Articles Posted in Internet Crime

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In a victory for individuals over the often oppressive tactics of law enforcement, a unanimous United Supreme Court determined that police violated the constitution when they placed a Global Positioning System (GPS) tracker on a suspect’s vehicle without a warrant. In United States v. Jones, the justices determined that placing the tracking device on the car violated the Fourth Amendment’s protection of “persons, houses, papers and effects, against unreasonable searches and seizures.” The court determined that this protection also includes private property such as automobiles.

Writing for the majority, Justice Antonin Scalia reasoned, “The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.” Although the court had some differences in reasoning, all unanimously agreed that the police actions went too far and violated the suspect’s rights.

The constitution impacts nearly every aspect of the criminal process – from investigation, to charges, arrest and trial. Where police or other law enforcement officials overstep their bounds, their conduct that may serve as a defense to criminal charges. If you believe your rights may have been violated, it is important to speak to an experienced criminal lawyer in Michigan to protect your rights and begin preparing your defense.

Here, the government claimed that the Federal Bureau of Investigation agents use GPS tracking devices in thousands of cases each year and argued that using the tiny devices is too trivial to constitute a violation of a property right. However, the Court strongly disagreed, noting that even a small trespass if committed in “an attempt to find something or to obtain information” constitutes a “search” under the Fourth Amendment. As stated by Justice Sotomayor, “In the digital age I for one doubt that people would accept without complaint the warrantless disclosure to the Government of a list of every website they have visited in the last week, or month, or year.”

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In what is perhaps the first case of its kind, a Michigan Court of Appeals has determined that a Rochester Hills man must face a computer hacking trial based on evidence that he was snooping in his ex-wife’s email account. The Oakland County man has been charged with “misusing a computer,” a felony charge in Michigan. The charges stem from accusations that Leon Walker accessed his wife’s email after she filed for divorce. Reports state that he believed she was cheating on him and checked her email for evidence.

If you have been charged with a computer crime or other white-collar crime it is important to talk to an experienced criminal defense law firm in Michigan. Many times overzealous prosecution can lead to criminal charges. It is important to begin an investigation immediately and fight back.
Here, Walker has been charged pursuant to Michigan’s “hacking” law, MCL 450.411s, which prohibits third parties from breaking into computers or computer programs. Under certain circumstances “hacking” may be considered a felony. In this instance, Walker faces up to 5-years in jail for reading the email. The arrest and charges sparked a national debate about computer privacy, especially between spouses.

In the Michigan Court of Appeals ruling, the three-member appellate panel wrote that Michigan’s computer hacking doesn’t provide for a spousal exception. Such a steep penalty and use of resources seems unjust. Here, Walker simply accessed his wife’s Gmail account on a shared computer. She had left her password in a book next to the computer, which he entered in an effort to determine whether she was cheating on him and exposing their child to a potentially violent situation.

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