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Question 1: Fourth Amendment and Mobile Devices (Required/Graded)

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Please read the Washington Post article  "Supreme Court to decide case on police cellphone searches"  and express your opinion on the dilemma described. The article presents two arguments in connection with the Fourth Amendment and mobile devices. The argument supporting the legality of searching mobile devices without a search warrant claims that a mobile device such as cell phone should be considered a piece of property found on the suspect, such as a wallet or purse, and should therefore be searchable in the absence of a warrant.

The opposing argument states that, unlike a wallet or purse, a mobile device can hold hundreds if not thousands of files containing personal information, the likes of which could only be found in a person's home until quite recently. For example, home videos, personal photos, and personal documents are now commonly found on mobile devices. This argument asserts that a search warrant should be necessary for a law enforcement officer to be able to legally search a mobile device.

What is your opinion on this argument? Do you feel that a search warrant should be required for a law enforcement officer to be able to legally review the contents of a mobile device? Why or why not?

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Separate each question this is not a paper just discussions.

210 words each. EACH QUESTION NEEDS 1 REFERENCE

Question 2: Fifth Amendment and Mobile Devices (Required/Graded)

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Please read the Diversified Risk Management, Inc. article  "Self-Incrimination vs. File-Encryption: Finding a Workaround for the Fifth Amendment"  and answer the following questions. The Fifth Amendment states, in part, that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury. . . ."

Understanding this, do you feel that a suspect should be required to reveal a password he or she used to encrypt personal data? Do you feel that the government has the right to demand the password? To break the encryption when the suspect does not reveal it? Should the severity of the alleged crime matter? That is, should the government be allowed to make case-by-case decisions on whether to demand the password or break the encryption?

Reference: U.S. Const. amend. V.